FEDERAL DEPOSIT INS. CORP. v. SUMNER FINANCIAL CORP.

No. 71-1317.

451 F.2d 898 (1971)

FEDERAL DEPOSIT INSURANCE CORPORATION, a corporation organized and existing under the laws of the United States of America, Plaintiff-Appellant, v. SUMNER FINANCIAL CORPORATION, a Florida corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 7, 1972.


Attorney(s) appearing for the Case

Frank X. Friedmann, Jr., Rogers, Towers, Bailey, Jones & Gay, Jacksonville, Fla., Reford J. Wedel, Deputy Gen. Counsel, Myers N. Fisher, Asst. Gen. Counsel, Daniel Wm. Persinger, Atty., Federal Deposit Insurance Corporation, Washington, D. C., for plaintiff-appellant.

Harris Dittmar, Jacksonville, Fla., for defendant-appellee; Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, Fla., of counsel.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 7, 1972.

GEWIN, Circuit Judge:

The Federal Deposit Insurance Corporation (FDIC) appeals from an order dismissing its suit against Sumner Financial Corporation (Sumner) seeking to enjoin Sumner from violating the FDIC regulations pertaining to the advertisement of interest on deposits in insured member banks.1 The district court ordered FDIC...

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