FEDERAL DEPOSIT INS. CORP. v. DAVIS

No. 83-1295.

733 F.2d 1083 (1984)

FEDERAL DEPOSIT INSURANCE CORPORATION, Appellant, v. Gloria B. DAVIS, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1984.


Attorney(s) appearing for the Case

Walter W. Theus, Jr., Columbia, S.C. (John C. Bruton, Jr., Boyd, Knowlton, Tate & Finlay, Columbia, S.C., on brief), for appellant.

James B. Richardson, Jr., Columbia, S.C. (Ham & Richardson, Columbia, S.C., Henry H. Taylor, Kellum W. Allen, Kirkland, Taylor, Wilson, Moore & Allen, West Columbia, S.C., on brief), for appellee.

Before WINTER, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.


K.K. HALL, Circuit Judge:

This is an action for the sale of certain real estate allegedly conveyed by David S. Davis (Davis) to his wife, Gloria B. Davis, in fraud of Davis's creditors. The Federal Deposit Insurance Corporation (FDIC) appeals from an order of the district court granting summary judgment to Gloria Davis. We conclude that the district judge erred in granting summary judgment and, therefore, reverse the order and remand the case for trial.

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