Huston v. Federal Deposit Insurance Corp.

I agree with the rule the Court announces for appealing orders in receiver-ships. I do not agree, however, either as a rule or in this case, that the creditors of a failed bank should be denied interest on their claims prior to a distribution of any surplus to the bank’s stockholders. Accordingly, I dissent.

The Court gives two reasons for concluding that the FDIC is not entitled to interest on its claims against the Bank of Woodson prior to payment of stockholder claims. The first is that article 342-804a, Texas Revised Civil Statutes Annotated (Vernon Supp.1990),1 which establishes payment…