Legal Opinion · Concurring in part, dissenting in part

Federal Deposit Insurance Corporation, a United States Corporation v. Bank of Boulder, a Colorado Corporation

Court of Appeals for the Tenth Circuit

Decided August 20, 1990No. 86-1071Published

1Concurring in part, dissenting in partBaldock, Circuit Judge

I concur in the court’s decision that Colo. Rev.Stat. § 11-5-106(1)1 (Supp.1989) does not operate to make this letter of credit (documentary credit) assignable from FDIC-receiver to FDIC-corporation given the express provision against such assignment contained in the UCP and Colo.Rev. *1478Stat. § 4-5-116(1)2 (1974). The two statutes speak to different subjects, and do not conflict if § 11-5-106(1) is read as a rule of administration rather than a substantive rule of property controlling the assignment of bank assets. See Moran v. Carlstrom, 775 P.2d 1176, 1182-83 (Colo.1989) (court should…

2Cases cited26 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  3. Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987
  4. City of Milwaukee v. IllinoisSupreme Court of the United States · 1981
  5. Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978

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