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F.D.I.C. v. FRANKS

84-38.

473 So.2d 1018 (1985)

FEDERAL DEPOSIT INSURANCE CORPORATION, Receiver for Bank of Hackleburg, Hackleburg, Alabama, and Federal Deposit Insurance Corporation v. James W. FRANKS and Earlene Franks.

Supreme Court of Alabama.

Rehearing Denied July 3, 1985.

Attorney(s) appearing for the Case

Nelson Vinson for Vinson, Guyton & Wood, Hamilton, for appellant.

Bill Fite, Hamilton, for appellees.

TORBERT, Chief Justice.

This is an appeal from a judgment entered by the Marion County Circuit Court permanently enjoining the appellant, Federal Deposit Insurance Corporation (FDIC), from enforcing the payment of a promissory note and foreclosing a mortgage securing the note. We reverse.

On November 3, 1978, appellees, James and Earlene Franks, obtained a loan of $37,280.00 from the Bank of Hackleburg (BOH). Appellees...

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