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FEDERAL DEPOSIT INS. CORP. v. SUMNER FIN. CORP.

No. 76-2515.

602 F.2d 670 (1979)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of the Peoples State Savings Bank, Auburn, Michigan and as a corporation organized and existing under the Laws of the United States of America, Plaintiff-Appellant, Cross-Appellee, v. SUMNER FINANCIAL CORPORATION et al., Defendants-Appellees, Cross-Appellants, Assembly of Christian Benevolence, Inc., etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 4, 1979.

Attorney(s) appearing for the Case

James M. McLean, Frank X. Friedman, Jr., Wayne E. Ripley, Jr., Jacksonville, Fla., for plaintiff-appellant.

Sirote, Permutt, Friend, & Friedman, Birmingham, Ala., for Harris.

James A. Harris, Jr., Birmingham, Ala., Charles P. Pillans, III, C. Harris Dittmar, Jacksonville, Fla., for defendants-appellees.

Before BROWN, Chief Judge, TUTTLE and HILL, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This case raises an interesting jurisdictional problem. In 1970, the Federal Deposit Insurance Corporation (FDIC), suing as the receiver of an insolvent Michigan state bank and as the subrogee of the rights of certain of the depositors, brought suit against the defendants alleging that they had conspired to fraudulently convert some $3 million of the bank's funds. Some two and one-half years later, near the end of the trial, counsel for...

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