Legal Opinion

Federal Deposit Insurance v. McFarland

Court of Appeals for the Fifth Circuit

Decided October 4, 1994No. 93-05262PublishedCited by 17 opinions

1Opinion of the Court

ROBERT M. PARKER, Circuit Judge:

This suit concerns the FDIC’s attempt to recover from viable loans found in a failed bank’s portfolio. Two related appeals emerged from one trial and one memorandum opinion of the district court.

Rose Long McFarland appeals the district court’s enforcement under 12 U.S.C. § 1823(e) of a continuing guaranty agreement which she contends was released prior to the FDIC’s acquisition of the notes which it secured. Concluding that § 1823 does not apply to the release, we reverse the district court’s decision holding Rose McFarland liable under her continuing guaranty.…

2Cases cited32 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. Fed. Sec. L. Rep. P 98,654 William L. Gunter and Camille S. Gunter v. Theodore M. HutchesonCourt of Appeals for the Eleventh Circuit · 1982
  4. Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.Court of Appeals for the Fifth Circuit · 1989
  5. United States v. LouisianaSupreme Court of the United States · 1950

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3Cited by17 opinions

  1. Federal Deposit Insurance Corp. v. DeglauCourt of Appeals for the Third Circuit · 2000
  2. F.D.I.C. v. McFarlandCourt of Appeals for the Third Circuit · 1994
  3. Federal Financial Co. v. SavageMassachusetts Supreme Judicial Court · 2000
  4. Estate of Ray v. CommissionerCourt of Appeals for the Fifth Circuit · 1997
  5. Federal Deposit Insurance Corp. v. Rory S. McFarland Texaco, Inc., Defendant-Third Party v. Premier Venture Capital Corp. David L. Jump, Third Party v. Dennis Joslin Co., L.L.C., Movant-AppellantCourt of Appeals for the Third Circuit · 2001

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