William S. Bennett v. Federal Deposit Insurance Corporation, as Receiver of San Francisco National Bank

HAMLEY, Circuit Judge:

Federal Deposit Insurance Corporation (FDIC), as receiver of San Francisco National Bank, obtained a summary judgment against William S. Bennett in the sum of $405,430.00, plus interest. Proceeding under Rule 60(b), Federal Rules of Civil Procedure, Bennett moved that the judgment be set aside and that the cause go to trial. The district court denied the motion and Bennett appeals.

On August 12, 1965, FDIC commenced this action against Bennett and others to recover assets of the bank. With regard to Bennett, the receiver sought to recover under the terms of certain…