Legal Opinion
Federal Deposit Ins. Corp. v. Byrne
District Court, N.D. Texas
Decided May 3, 1990No. Civ. A. CA3-87-2978-DPublishedCited by 8 opinions
1Opinion of the Court
FITZWATER, District Judge:
The instant motion for partial summary judgment presents questions concerning the application of the D’Oench, Duhme 1 and federal common law holder in due course doctrines, including whether the holder in due course doctrine precludes the assertion of counterclaims against the Federal Deposit Insurance Corporation (“FDIC”).
I
This civil action arises out of a profit participation agreement, note, and related security agreement. On May 27,1983 John Timothy Byrne (“Byrne”) signed a $908,-931.50 promissory note on behalf of Byrne Development Company (“Development”)…
2Cases cited21 opinions
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Wilton M. EVERSLEY, Plaintiff-Appellant, v. MBANK DALLAS, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
- Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.Court of Appeals for the Fifth Circuit · 1989
- Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Richard M. WoodCourt of Appeals for the Sixth Circuit · 1985
- Federal Deposit Insurance Corp. v. Henry E. McClanahanCourt of Appeals for the Fifth Circuit · 1986
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bailey, Vaught, Robertson and Co. v. Remington Investments, Inc., Texas Court of Appeals, 5th District (Dallas)1994
- Scott v. Commercial Services of Perry, Inc., Texas Court of Appeals, 12th District (Tyler)2003
- Federal Deposit Insurance v. Condo Group ApartmentsDistrict Court, N.D. Texas · 1992
- Federal Deposit Insurance v. Perry Bros.District Court, E.D. Texas · 1994
- First City, Texas-Beaumont, N.A. v. TreeceDistrict Court, E.D. Texas · 1994
3 more not listed; retrieve them via the Exa API.