Federal Deposit Insurance v. Irwin

REAVLEY, Circuit Judge:

The Office of the Comptroller of the Currency (“OCC”) declared American National Bank in McLean, Texas (“McLean Bank”) insolvent and appointed the Federal Deposit Insurance' Corporation (“FDIC”) as receiver. FDIC brought suit against directors of the bank for breach of fiduciary duties. The directors counterclaimed against the United States under the Federal Tort Claims Act (“FTCA”), alleging an improper determination of insolvency. The district court dismissed the counterclaims for lack of subject matter jurisdiction, holding that the determination of insolvency and…