FEDERAL DEPOSIT INS. CORP. v. ASHLEY

No. 76-2416.

585 F.2d 157 (1978)

FEDERAL DEPOSIT INSURANCE CORPORATION, a corporation organized and existing under the laws of the UNITED STATES of America, Plaintiff-Appellant, v. W. Jerome ASHLEY, James P. Buhai, John Cooley, Richard Jones, Joseph Kristufek, Robert Verhelle and William Verhelle, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 4, 1978.


Attorney(s) appearing for the Case

Larry E. Powe, Daner, Freeman, McKenzie & Matthews, P.C., Kenneth E. Scherer, Mount Clemens, Mich., for plaintiff-appellant.

Robert G. Russell, Kerr, Wattles & Russell, Detroit, Mich., for Buhai & Jones.

Leonard A. Wilcox, Jr., Eames, Petrillo & Wilcox, Henry J. Mittelstaedt, III, Detroit, Mich., for Kristufek.

Walter J. Murray, Murray & Murray, Southfield, Mich., for Ashley & Cooley.

Richard D. Rohr, George G. Kemsley, Bodman, Longley, Bogle & Dahling, Detroit, Mich., for both Verhelles.

Albert E. Phillips, Phillips, Hartland & Mozley, Atlanta, Ga., James E. Clark, London, Yancey, Clark & Allen, Birmingham, Ala., for amicus Fidelity Deposit Co. of Md.

Before EDWARDS and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

Plaintiff-appellant Federal Deposit Insurance Corporation (FDIC), which had been appointed receiver of Tri-City Bank of Warren, Michigan, filed a complaint in the federal district court against defendants-appellees, who were directors of Tri-City Bank, seeking damages for corporate mismanagement and waste. Appellant FDIC alleged that the district court had jurisdiction pursuant to 12 U.S.C. § 1819. The district court, however...

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