Legal Opinion
McCaugherty v. Siffermann
District Court, N.D. California
Decided August 30, 1991No. C-88-2747 EFLPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
LYNCH, District Judge.
I. SUMMARY
This case involves the issue of whether affirmative causes of action against the Federal Deposit Insurance Corporation-Receiver, based upon misrepresentations by a federal savings and loan association, or its representatives, in connection with the execution of a stock purchase agreement, are barred by the D’Oench doctrine and related Title 12 provisions, 12 U.S.C. section 1821(d)(9)(A) and 12 U.S.C. section 1823(e).
Defendant FDIC-Receiver has filed a motion for summary judgment with respect to plaintiffs’ third amended complaint. The…
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- 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
- Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.Court of Appeals for the Fifth Circuit · 1989
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3Cited by5 opinions
- Castleglen, Inc. v. Resolution Trust Corp.Court of Appeals for the Tenth Circuit · 1993
- American Federation of State Employees v. Federal Deposit InsuranceDistrict Court, District of Columbia · 1992
- Castleglen, Inc., a California Corporation and Larry B. Harvey, an Individual, Plaintiffs-Counterdefendants-Appellants v. Resolution Trust Corporation, as Conservator for Commonwealth Federal Savings Association, and as Receiver of Commonwealth Savings Association Klein Financial Corporation, a California Corporation and Robert N. Klein, Ii, an Individual, Defendants-Counterclaimants-Appellees, Santa Fe Apartments, Ltd., a Utah Limited Partnership Busch Management Co., a Utah Corporation and Western States Title Company, Defendants-Counterclaimants. Emerson Realty & Management v. Castleglen, Inc., a California Corporation, Resolution Trust Corporation, as Conservator for Commonwealth Federal Savings Association, and as Receiver of Commonwealth Savings Association, a Texas Savings and Loan Association Klein Financial Corporation, a California Corporation Robert N. Klein, Ii, an Individual Santa Fe Apartments, Ltd., a Utah Limited Partnership and Busch Management Company, a Utah CorporationCourt of Appeals for the Tenth Circuit · 1993
- McCullough v. F.D.I.C. Ex Rel. Bank of New England, N.A.District Court, D. Massachusetts · 1992
- Wise v. Resolution Trust Corp.District Court, E.D. Pennsylvania · 1993