Legal Opinion

Jones v. Resolution Trust Corp.

Court of Appeals for the Eleventh Circuit

Decided November 23, 1993No. 91-3924PublishedCited by 37 opinions

1Opinion of the Court

FAY, Circuit Judge:

The appellants, Michael D. Jones, et. al. appeal summary judgment rendered by the district court in favor of the Resolution Trust Corporation (“RTC”) in two cases which were consolidated for appeal. The district court held that all of Jones’ claims were precluded by the D’Oench, Duhme doctrine and 12 U.S.C. § 1823(e). Because we find the D’Oench, Duhme doctrine does not apply to the majority of Jones’ claims1 against the RTC as Receiver, we REVERSE the district court’s grant of summary judgment with respect to those claims. We AFFIRM the district court’s order granting…

2Cases cited18 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  4. Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987
  5. Coit Independence Joint Venture v. Federal Savings & Loan InsuranceSupreme Court of the United States · 1989

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3Cited by37 opinions

  1. Resolution Trust Corp. v. Dunmar Corp.Court of Appeals for the Eleventh Circuit · 1995
  2. Peter L. Knight, Dennis L. Wall, Michael D. Mulkey v. Columbus, GeorgiaCourt of Appeals for the Eleventh Circuit · 1994
  3. Federal Deposit Insurance v. Napert-Boyer PartnershipConnecticut Appellate Court · 1996
  4. Johnson v. MorthamDistrict Court, N.D. Florida · 1995
  5. In Re Geri Zahn, Inc., D/B/A Just Clothes, Debtor. Federal Deposit Insurance Corporation v. Gui L.P. GovaertCourt of Appeals for the Eleventh Circuit · 1994

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