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FEDERAL DEPOSIT INS. CORP. v. IMPERIAL BANK

Nos. 87-6634, 87-6701.

859 F.2d 101 (1988)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant, and Cross-Appellee, v. IMPERIAL BANK, Defendant-Appellee, and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1988.

Attorney(s) appearing for the Case

E. Whitney Drake, Sp. Counsel, Federal Deposit Ins. Corp., Washington, D.C. and Marshall G. Mintz, Troy Casden Gould, Los Angeles, Cal., for plaintiff-appellant, and cross-appellee.

Larry W. Gabriel, Carol L. Newman, Rosen, Wachtell & Gilbert, Los Angeles, Cal., for defendant-appellee, and cross-appellant.

Before FLETCHER, CANBY and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

This case involves $10 million fraudulently transferred by wire from Community Bank of Hartford, South Dakota to Imperial Bank of Los Angeles, California. The Federal Deposit Insurance Corporation ("FDIC"), acting as Community Bank's receiver, seeks to hold Imperial Bank liable for negligence and asserts that the district court erred when it found no proximate cause. In a protective cross-appeal, Imperial Bank claims that the district court...

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