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FEDERAL DEPOSIT INS. CORP. v. ECKHARDT

No. 81-3536.

691 F.2d 245 (1982)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant, v. Robert G. ECKHARDT, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 19, 1982.

Attorney(s) appearing for the Case

Roberta K. Spurgeon, James A. Smith, Squire, Sanders & Dempsey, Cleveland, Ohio, Edward J. Brzytwa, Frank L. Skillern, Jr., Myers N. Fisher, Thomas C. Bahlo, Federal Deposit Ins. Corp., Washington, D.C., for plaintiff-appellant.

Burt Fulton, Charles Kampinski, Cleveland, Ohio, for defendants-appellees.

Before MERRITT, Circuit Judge, and PHILLIPS and CELEBREZZE, Senior Circuit Judges.

PHILLIPS, Senior Circuit Judge.

This is an appeal from a summary judgment entered in favor of the defendants on grounds of res judicata. The appellant FDIC brought this action to enforce an agreement between the defendants and a bank whose assets it had acquired. The FDIC had brought a previous action in the Court of Common Pleas of Cuyahoga County, Ohio, against these same defendants to foreclose a mortgage. Since both the present action and the mortgage foreclosure...

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