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F.D.I.C. v. DUFFY

No. 93-3815.

47 F.3d 146 (1995)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the Federal Savings & Loan Insurance Corporation Resolution Fund, Plaintiff-Appellant, v. Peter E. DUFFY and New England Insurance Company, Defendants-Appellees. NEW ENGLAND INSURANCE COMPANY, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the Federal Savings & Loan Insurance Corporation Resolution Fund, Intervenor-Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 9, 1995.

Attorney(s) appearing for the Case

James C. Gulotta, Jr., Stephen G. Bullock, Stone, Pigman, Walther, Wittman & Hutchinson, New Orleans, LA, Claire L. McGuire, FDIC Legal Division — Appellate, Washington, DC, for appellant.

John V. Baus, Jr., Donald A. Hammett, David S. Daly, Hammett & Baus, New Orleans, LA, for appellees.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and STAGG, District Judge.

TOM STAGG, District Judge:

The Federal Deposit Insurance Corporation ("FDIC") appeals from the district court's grant of summary judgment in favor of appellee, New England Insurance Company ("New England"). For the reasons set forth below, we affirm the judgment of the district court.

FACTS

I. PROCEDURAL HISTORY.

This case has a convoluted procedural history and has been ruled on by a panel of this court twice before on other aspects...

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