TRIGO v. FEDERAL DEPOSIT INS. CORP.

No. 87-5064.

847 F.2d 1499 (1988)

Luis C. TRIGO, Jr., Elvira Trigo and Carmen Trigo, as all surviving Heirs to the Estate of Luis C. Trigo, deceased, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC), a corporation organized and existing under the law of the United States of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 23, 1988.


Attorney(s) appearing for the Case

Lee Mandell, Hall & Swann, Carlos A. Romero, Jr., Coral Gables, Fla., for plaintiffs-appellants.

David G. Mulock, Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tampa, Fla., for defendant-appellee.

Before JOHNSON and EDMONDSON, Circuit Judges, and HOFFMAN, Senior District Judge.


WALTER E. HOFFMAN, Senior District Judge:

Luis, Elvira and Carmen Trigo appeal the district court's order allowing the FDIC in its corporate capacity to escape liability on a bilateral contract. The FDIC acquired rights under the contract while disclaiming liabilities pursuant to a purchase and assumption agreement entered into with the FDIC in its capacity as receiver of the assets of a failed bank. We must determine whether the rights and obligations of the FDIC...

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