BOSSIER BANK & TRUST v. FEDERAL DEPOSIT INS. CORP.

No. 83-1992.

753 F.2d 847 (1985)

BOSSIER BANK AND TRUST COMPANY, a Louisiana banking corporation, as Trustee for Westside Habilitation Center, a Louisiana not-for-profit charitable corporation, Plaintiff-Appellant, Fidelity Bank, National Association, a national banking association, Plaintiff-in-Intervention, v. The FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of the Penn Square Bank, National Association, a national banking association (in liquidation), Westside Habilitation Center, Inc., a Louisiana not-for-profit corporation domiciled in Rapids Parish, Louisiana, Joe Fryar, an individual residing in Louisiana, Swink & Co., an Arkansas corporation, Rapides Management Corporation, a Louisiana corporation, Town of Cheneyville, a Louisiana municipality, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 25, 1985.


Attorney(s) appearing for the Case

Arnold D. Fagin and J. Steven Rogers of Fagin, Hewett, Mathews & Fagin, Oklahoma City, Okl., Lewis G. Odom, Jr. and George A. LeMaistre, Jr. of Miller, Hamilton, Snider & Odom, Mobile, Ala., for plaintiff-appellant.

Norman E. Reynolds of Reynolds, Ridings & Hargis, Oklahoma City, Okl., Thomas A. Brooks, Gen. Counsel, Kathy A. Johnson, Atty., Federal Deposit Ins. Corp., Washington, D.C., for defendants-appellees.

Before BARRETT, SETH and McKAY, Circuit Judges.


SETH, Circuit Judge.

Appellant Bossier Bank & Trust Company (Bossier Bank) as trustee for Westside Habilitation Center (Westside) appeals the trial court's grant of summary judgment to appellee Federal Deposit Insurance Corporation (F.D.I.C.). In the lower court action, Bossier, on behalf of Westside, sought the return of property which secured Westside's deposit with Penn Square Bank of Oklahoma (Penn Square). The Comptroller of the Currency declared Penn Square...

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