Legal Opinion
Federal Deposit Insurance Corp. v. Sather
Supreme Court of Minnesota
Decided August 14, 1992No. C9-90-2010PublishedCited by 2 opinions
1Opinion of the Court
WAHL, Justice.
The primary issue before us in this case is the applicability of the federal common law D’Oench, Duhme doctrine which protects the Federal Deposit Insurance Corporation when it takes over the assets of failed banks by barring the defenses of borrowers who have “lent [themselves] to a scheme” which resulted in the misstatement of the banks’ assets. 1 Also at issue is the applicability of 12 U.S.C. § 1823(e).
Appellant Federal Deposit Insurance Corporation (“FDIC”), as receiver of Citizens State Bank of Fulda (“Bank”), sued respondent Duane Sather to recover under a promissory'…
2Cases cited27 opinions
- 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
- Federal Deposit Insurance Corp. v. Henry E. McClanahanCourt of Appeals for the Fifth Circuit · 1986
- Federal Deposit Insurance Corporation, Etc., and v. Santino D. Meo, AndCourt of Appeals for the Ninth Circuit · 1974
- James N. And Betty G. Bowen v. Federal Deposit Insurance Corporation, as Receiver for First Republicbank--El PasoCourt of Appeals for the First Circuit · 1990
22 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, Landmark Communities Committee, Incorporated, Intervenor, Official Unsecured Creditors' Committee, Intervenor, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Landmark Land Company of Oklahoma, Incorporated, a Delaware Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Clock Tower Place Investments, Limited, a California Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Landmark Land Company of California, Incorporated, a Delaware Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation, Debtor. Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation, Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in Interest. In Re Landmark Land Company of Florida, Incorporated, a Delaware Corporation, Debtor. Landmark Land Company of Carolina, Incorporated, a Delaware Corporation Clock Tower Place Investments, Limited, a California Corporation Landmark Land Company of California, Incorporated, a Delaware Corporation Landmark Land Company of Florida, Incorporated, a Delaware Corporation Landmark Land Company of Louisiana, Incorporated, a Louisiana Corporation Landmark Land Company of Oklahoma, Incorporated, an Oklahoma Corporation v. Resolution Trust Corporation, as Conservator for Oaktree Federal Savings Bank, and Oaktree Savings Bank, S.S.B., a Savings Bank Chartered by the State of Louisiana, United States Trustee, Party in InterestCourt of Appeals for the Fourth Circuit · 1992
- Federal Deposit Insurance v. FratesDistrict Court, N.D. Oklahoma · 1999