Federal Deposit Ins. v. Alker

We have considered this case three times. We held upon the original argument that the petitioners^-appellants, Alker and Du-Ban, were not entitled to assert against *470FDIC as a defense in the suit to recover a deficiency judgment against Alker an alleged oral contract to forego foreclosure on collateral securing a note. See 3 Cir., 151 F.2d 907. Our decision was based primarily upon the ruling of the Supreme Court in D’Oench, Duhme & Co. v. Federal Deposit Ins. Corporation, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956.

The petitioners-appellants, Alker and DuBan, then sought leave to file a petition…