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FDIC v. SCHELL

16-84-04532; CA A39526.

741 P.2d 916 (1987)

87 Or.App. 159

THE FEDERAL DEPOSIT INSURANCE CORPORATION, a Federal Corporation, Respondent, v. George J. SCHELL and Donna Schell, Appellants.

Court of Appeals of Oregon.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Graham Walker, Portland, argued the cause and filed the briefs for appellants.

William R. Turnbow, Eugene, argued the cause for respondent. With him on the brief were Janice C. Goldberg and Hershner, Hunter, Moulton, Andrews & Neill, Eugene.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendants appeal from a summary judgment for plaintiff Federal Deposit Insurance Corporation (FDIC) in this action on a promissory note. In their first two assignments, defendants challenge the granting of plaintiff's summary judgment motion and the denial of their own "cross-motion." The issue on which those assignments turn is whether defendants are foreclosed by federal law from asserting affirmative defenses against FDIC which arise...

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