Legal Opinion
Thigpen v. Sparks
Court of Appeals for the Fifth Circuit
Decided February 10, 1993No. 91-1977PublishedCited by 35 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
The issue in this case is whether an individual’s breach of warranty claims, which arose when a now-failed bank sold him a wholly-owned Texas trust company, are barred against FDIC by the D’Oench doctrine, 1 12 U.S.C. § 1823(e) or § 1821(d)(9)(A). We hold that they were not so barred and thus reverse and remand the district court’s summary judgment.
BACKGROUND
Appellant Marc A. Sparks purchased a Texas trust company called The Dallas Empire Company (DEC) from BancTexas, Dallas, planning to sell it afterward. Both Sparks and Roy Thigpen, III, the prospective…
2Cases cited10 opinions
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987
- Jones v. KelleyTexas Supreme Court · 1981
- Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.Court of Appeals for the Fifth Circuit · 1989
- Federal Deposit Insurance Corporation v. Julio S. LaguartaCourt of Appeals for the Fifth Circuit · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Federal Deposit Insurance Corporation v. J. William OldenburgCourt of Appeals for the Tenth Circuit · 1994
- Levy v. Federal Deposit InsuranceCourt of Appeals for the First Circuit · 1993
- E.I. Du Pont De Nemours and Company v. Federal Deposit Insurance Corporation, Receiver for United National Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1994
- Motorcity of Jacksonville, Ltd. v. Southeast Bank N.A.Court of Appeals for the Eleventh Circuit · 1996
- George John and Sandra John v. Resolution Trust Corporation, Receiver of Germania Bank, a Federal Savings BankCourt of Appeals for the Seventh Circuit · 1994
30 more not listed; retrieve them via the Exa API.