White v. Federal Deposit Insurance

STAGG, District Judge:

Intervenors-Appellants, Toni Y. Kozak, Howard R. Block, Porter & Clements and John E. O’Neill (the “Appellants”), appeal from a summary judgment rendered in favor of Defendant-Appellee, the FDIC. Finding that the district court erred in granting summary judgment, we reverse.

I

FACTS AND PROCEEDINGS

This matter comes to the court for the second time. An earlier panel reversed summary judgment in favor of NCNB Texas National Bank (NCNB) on the ground that the Appellants had not been given an opportunity to present their respective oppositions to NCNB’s motion for summary…