FDIC v. YANCEY CAMP DEVELOPMENT

No. 89-1336.

889 F.2d 647 (1989)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Highland Park National Bank, Plaintiff-Appellant, v. YANCEY CAMP DEVELOPMENT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 8, 1989.


Attorney(s) appearing for the Case

Robert J. Clary, Johnson, Bromberg & Leeds, R.J. Hobby, FDIC, Legal Div., Dallas, Tex., for plaintiff-appellant.

Aubyn K. Shettle, Jr., Dallas, Tex., for defendant-appellee.

Before GEE, JONES and SMITH, Circuit Judges.


GEE, Circuit Judge:

Today we decide that a default judgment entered in state court against a garnishee bank, which had no claim to any assets of the debtor, can and should be set aside under Federal Rule of Civil Procedure 60(b).

Facts and Prior Proceedings

In September 1987, Yancey Camp Development ("Yancey") filed an application for a writ of garnishment against Highland Park National Bank ("HPNB"). By it, Yancey sought to collect a $200...

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