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CAPITAL BANCSHARES v. FEDERAL DEPOSIT INS. CORP.

No. 91-3085.

957 F.2d 203 (1992)

CAPITAL BANCSHARES, INC., Plaintiff-Appellant/Cross-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Intervenor-Appellee, Cross-Appellant, v. UNITED STATES OF AMERICA, Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 1, 1992.

Attorney(s) appearing for the Case

B. Michael Mauldin, Gary, Field, Landry & Dornier, Baton Rouge, La., for Capital Bancshares, Inc.

Gary R. Allen, Chief, Steven W. Parks, Atty., Appellate Section, Tax Div., Dept. of Justice, Washington, D.C., for U.S.

Michael F. Duhl, Chicago, Ill., David Rubin, Kantrow, Spaht, Weaver & Blitzer, Baton Rouge, La., for Federal Deposit Ins. Corp.

Before REYNALDO G. GARZA, GARWOOD and DUHÉ, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

PRELIMINARY STATEMENT

This complicated and involved litigation involves the right to tax refunds paid by the Internal Revenue Service ("IRS") due to losses sustained by a now bankrupt subsidiary of plaintiff parent. For the reasons stated below, we affirm the summary judgment of the district court in favor of the Federal Deposit Insurance Corporation ("FDIC") that the refund is the property of the bankrupt. We reverse, however...

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