Mullins v. De Soto Bank & Trust Co.

HUTCHESON, Circuit Judge.

When appellants were here before,1 we affirmed the judgment as to Federal Deposit Insurance Corporation, individually. Holding that, on a motion to dismiss “because the complaint fails to state a claim for which relief can be granted”, “all that was before the district judge on the motion to dismiss was the case as plaintiff’s petition had alleged it”, and that the judge had therefore erred in considering answers *866to interrogatories propounded to plaintiff, we reversed the judgment as to the other defendants, the DeSoto Corporation and Federal Deposit Insurance…