Barnes v. Harris
Court of Appeals for the Tenth Circuit
1Opinion of the Court
LUCERO, Circuit Judge.
This appeal follows on the heels of a bank failure, the Barnes Banking Company (the “Bank”) having been placed into Federal Deposit Insurance Corporation (“FDIC”) receivership in 2010. Three shareholders in Barnes Bancorporation (the “Holding Company”), parent of the failed bank, brought suit against the Holding Company and its officers and directors. The district court’s dismissal of their suit was on the basis that most of the claims advanced by the plaintiffs were owned solely by the FDIC under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989…
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