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FEDERAL DEPOSIT INS. CORP. v. DYE

No. 79-3513.

642 F.2d 833 (1981)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant, v. Jerry B. DYE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

April 17, 1981.

Attorney(s) appearing for the Case

Hull, Towill, Norman, Barrett & Johnson, David E. Hudson, Augusta, Ga., for plaintiff-appellant.

Burnside & Wall, Thomas R. Burnside, Jr., Augusta, Ga., for defendant-appellee.

Before KRAVITCH and FRANK M. JOHNSON, Jr., Circuit Judges, and ALLGOOD, District Judge.

KRAVITCH, Circuit Judge.

This is an appeal by the plaintiff Federal Deposit Insurance Corporation [FDIC] from the denial of its motion for summary judgment on four counterclaims of defendant Jerry Dye.1 FDIC sued Dye on thirteen notes of which Dye was either maker or guarantor. Dye's primary counterclaim, certified and accepted for appeal under 28 U.S.C. § 1292(b), was that FDIC's advertisements of foreclosure sales of property securing...

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