FEDERAL DEPOSIT INS. CORP. v. McKNIGHT

Nos. 84-2350, 84-2352.

769 F.2d 658 (1985)

FEDERAL DEPOSIT INSURANCE CORPORATION and Deposit Insurance National Bank of Oklahoma City, Oklahoma, Plaintiffs-Appellants, v. Pauline McKNIGHT, Pauline Oil and Gas Company and Rocket Oil Company, Defendants-Appellees. FEDERAL DEPOSIT INSURANCE CORPORATION and Deposit Insurance National Bank of Oklahoma City, Oklahoma, Plaintiffs-Appellants, v. ALL SOULS EPISCOPAL CHURCH, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 17, 1985.


Attorney(s) appearing for the Case

Charles V. Wheeler and Sidney G. Dunagan of Gable & Gotwals, Tulsa, Okl., for plaintiffs-appellants.

B.J. Rothbaum, Jr. of Linn & Helms, Oklahoma City, Okl., for defendant-appellee Rocket Oil Co.

Michael Paul Kirschner of Hastie and Kirschner, Oklahoma City, Okl., for defendant-appellee All Souls Episcopal Church.

George W. Dahnke and Merrilyn L. Blackburn of Hastie and Kirschner, Oklahoma City, Okl., on brief for defendants-appellees Pauline McKnight and Pauline Oil and Gas Co.

Before BARRETT, MOORE and TIMBERS, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This is an appeal from a judgment denying plaintiffs, Federal Deposit Insurance Corporation (FDIC) and Deposit Insurance National Bank of Oklahoma City (DINB), relief on their claim for restitution of money mistakenly paid on cashier's checks issued by the insolvent Penn Square Bank, N.A. (Penn Square). The district court concluded that even though the plaintiffs established a prima facie case for restitution, their recovery was...

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