Legal Opinion

Resolution Trust Corporation, Plaintiff-Counter-Defendant-Appellee v. Charles McCrory Defendants-Counter-Plaintiffs-Appellants

Court of Appeals for the Fifth Circuit

Decided February 11, 1992No. 91-1079PublishedCited by 35 opinions

1Opinion of the Court

KING, Circuit Judge:

The defendants in this case appeal the summary judgment entered by the district court in favor of Sunbelt Savings, FSB (Sunbelt) — a failed savings bank whose successor is under the conservatorship of the Resolution Trust Corporation (RTC). Sunbelt brought this action on a note made by two of the defendants. The other defendants (who assumed all obligations under the note in a later transaction) defended on the basis of a letter agreement with Sunbelt which limits their liability. The district court entered summary judgment based on the D’Oench, Duhme doctrine, because the…

2Cases cited12 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987
  3. Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.Court of Appeals for the Fifth Circuit · 1989
  4. 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
  5. The Federal Savings & Loan Insurance Corp., Etc., and First Gibraltar Bank, Fsb, Intervenor-Appellee v. Jack GriffinCourt of Appeals for the First Circuit · 1991

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3Cited by35 opinions

  1. In Re 604 Columbus Avenue Realty Trust, Debtor. Capitol Bank & Trust Company v. 604 Columbus Avenue Realty Trust, in Re 604 Columbus Avenue Realty Trust, Debtor. Federal Deposit Insurance Corporation, as Receiver/liquidating Agent of Capitol Bank & Trust Company v. 604 Columbus Avenue Realty TrustCourt of Appeals for the First Circuit · 1992
  2. Seth Ward v. Resolution Trust Corporation, as Receiver for Madison Guaranty Savings & Loan Association Madison Financial CorporationCourt of Appeals for the Eighth Circuit · 1992
  3. Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot, Counter-Defendants/appellants v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Gerald G. Wilson Tmkb Associates John S. Tighe William D. McBrearty Michael J. Kiley, and Orangegate Investors, a California Limited Partnership, Counter-Claimant/appellee. Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee, and Orangegate Investors Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Tmkb Associates Gerald G. Wilson Main St. Investors Royce T. Breazeale, Jr. Michael J. KileyCourt of Appeals for the Ninth Circuit · 1994
  4. Federal Deposit Insurance v. O'MalleyIllinois Supreme Court · 1994
  5. Matter of Meyerland Co.Court of Appeals for the Fifth Circuit · 1992

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