Legal Opinion

Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Richard M. Wood

Court of Appeals for the Sixth Circuit

Decided March 26, 1985No. 84-1124PublishedCited by 155 opinions

1Opinion of the Court

BOYCE F. MARTIN, Jr., Circuit Judge.

This is an action by the Federal Deposit Insurance Corporation in its corporate capacity to recover on a note that it purchased as part of a purchase and assumption agreement. The issue is whether the FDIC can recover the full amount of interest payable on the note when the jury found it to be usurious under state law. The district court, in a judgment notwithstanding the verdict, allowed the collection of interest on the ground that the FDIC enjoys a status equivalent to that of a holder in due course. We affirm.

The promissory note in question was signed…

2Cases cited10 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  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. Federal Deposit Insurance Corporation v. The Merchants National Bank of MobileCourt of Appeals for the Eleventh Circuit · 1984
  5. Fed. Sec. L. Rep. P 98,300 Seymour Gilman and Wife, Rosalind K. Gilman, Cross-Appellants v. Federal Deposit Insurance Corporation, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1981

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3Cited by155 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. Perry v. BlumCourt of Appeals for the First Circuit · 2010
  3. Federal Savings And Loan Insurance Corporation v. MurrayCourt of Appeals for the Fifth Circuit · 1988
  4. Official Committee of Unsecured Creditors of PSA, Inc. v. EdwardsCourt of Appeals for the Eleventh Circuit · 2006
  5. Federal Deposit Insurance Corporation v. John W. NewhartCourt of Appeals for the Eighth Circuit · 1989

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