Legal Opinion
Garrett v. Commonwealth Mortgage Corp. of America
Court of Appeals for the Fifth Circuit
Decided August 12, 1991No. 90-2862PublishedCited by 12 opinions
1Opinion of the Court
DUHÉ, Circuit Judge.
The plaintiffs sued two wholly owned subsidiaries of a savings institution, but before trial the institution was placed in receivership. After the FDIC intervened, the district court granted its motion for a rule 12(b)(6) dismissal based solely on the court’s conclusion that wholly owned subsidiaries can invoke the protections of the D’Oench, Duhme doctrine and 12 U.S.C. § 1823(e). 765 F.Supp. 351. Because the complaint on its face does not show that the plaintiffs’ claims are barred under either the doctrine or the statute, however, we reverse and remand.
FACTS
In 1978 Ann…
2Cases cited13 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- 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
- Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
- Frank Landry v. Air Line Pilots Association International Afl-Cio, Taca Airlines, S.A. And Charles J. HuttingerCourt of Appeals for the Fifth Circuit · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Robertson v. Burger King, Inc.District Court, E.D. Louisiana · 1994
- Federal Deposit Insurance v. BarhamDistrict Court, W.D. Louisiana · 1991
- United States Ex Rel. Tri-State Road Boring, Inc. v. United States Fidelity & Guaranty Co.District Court, E.D. Louisiana · 1996
- Rivet v. Regions Bank of Louisiana, F.S.B.Court of Appeals for the Fifth Circuit · 1997
- Garrett v. Commonwealth Mortgage Corp. of AmericaCourt of Appeals for the Fifth Circuit · 1991
7 more not listed; retrieve them via the Exa API.