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F.D.I.C. v. CRAFT

No. 93-35138.

157 F.3d 697 (1998)

FEDERAL DEPOSIT INSURANCE CORPORATION, as sole receiver for Montana Federal Savings Bank of Kalispell, Montana, Plaintiff-Counter-Defendant-Third Party Defendant-Appellee, v. Roger CRAFT, a/k/a/ Roger L. Craft and Norma J. Craft, Defendants-Counter-Claimants-Third Party Plaintiffs-Appellants, v. UNITED STATES of America, Office of Thrift Supervision, as successor to Federal Home Loan Bank Board, Third Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Denied June 20, 1994.

Resubmitted September 18, 1998.

Decided September 25, 1998.

Attorney(s) appearing for the Case

Edmund P. Sedivy, Jr., Lynda S. Weaver, Morrow, Sedivy & Bennett, Bozeman, Montana, for Crafts, et al.

Miriam S. Aguiar, Joel Eichengrun, FDIC, San Jose, California, for FDIC.

John F. Daly, Jonathan R. Siegel, United States Department of Justice, Washington, D.C., for United States.

Before: PREGERSON, BRUNETTI and KLEINFELD, Circuit Judges.

PER CURIAM:

Roger Craft, a real estate developer, and his wife Norma Craft, appeal the district court's judgment following a bench trial that resulted in a judgment in favor of the Federal Deposit Insurance Corporation (FDIC), as receiver for Montana Federal Savings Bank. The FDIC initiated the action to collect on six promissory notes and to foreclose on five Montana properties securing those notes.

The Crafts asserted that they were excused from repaying...

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