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F.D.I.C. v. GARNER

Nos. 96-56710, 96-56754.

125 F.3d 1272 (1997)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as Receiver of American Commerce National Bank, Plaintiff-Appellee, v. Gerald J. GARNER; Joan Garner, Defendants-Appellants. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as Receiver of American Commerce National Bank, Plaintiff-Appellee, v. Daniel GARNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1997.

Attorney(s) appearing for the Case

Carol L. Newman, Los Angeles, CA; Gerald J. Garner, in Pro Se, Newport Beach, CA; Charles W. Tourdot, Norwalk, CA; and Robert M. Silverman, Los Angeles, CA, for defendants-appellants.

Jaclyn C. Tanner, FDIC, Washington, DC, Richard B. Noulles, Gable Gotwals Mock Schwabe Kihle Gaberino, Tulsa, OK, for plaintiff-appellee.

Before: BROWNING, BRUNETTI, and TROTT, Circuit Judges.

BRUNETTI, Circuit Judge:

This is a consolidated appeal from the district court's decision to grant a preliminary injunction requested by the Federal Deposit Insurance Corporation freezing Gerald and Joan Garner's assets and appointing a trustee over those assets. The court imposed the injunction during the pendency of a lawsuit filed by the FDIC against the Garners. In the underlying suit, the FDIC seeks to recover damages for torts and statutory violations in connection...

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