FEDERAL DEPOSIT INS. CORP. v. WHITLOCK

No. 84-4749.

785 F.2d 1335 (1986)

FEDERAL DEPOSIT INSURANCE CORPORATION, In its Corporate Capacity, Plaintiff-Appellee, v. John T. WHITLOCK, Defendant-Appellee, v. SURETY INSURANCE COMPANY OF CALIFORNIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 1986.


Attorney(s) appearing for the Case

Tom Royals, Moore, Royals & Hartung, Michael Hartung, Jackson, Miss., for defendant-appellant.

Luke Dove, Jackson, Miss., for defendant-appellee.

Thomas C. Gerity, Jackson, Miss., for F.D.I.C.

John Whitlock, pro se.

Before GOLDBERG, RANDALL, and JOHNSON, Circuit Judges.


JOHNSON, Circuit Judge:

Plaintiff Federal Deposit Insurance Corporation (FDIC) filed this suit against defendant John T. Whitlock and Surety Insurance Company of California (SIC). The FDIC's suit was based on a promissory note executed by Whitlock and a financial guarantee bond executed by a person possessing a power of attorney from SIC. SIC answered the FDIC's suit and filed a cross-claim against co-defendant Whitlock. Defendant Whitlock was not served until shortly...

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