FEDERAL DEPOSIT INS. CORP. v. CASSIDY

No. 87CA0684.

779 P.2d 1382 (1989)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Plaintiff-Appellee, v. James J. CASSIDY, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing August 24, 1989.


Attorney(s) appearing for the Case

Holland & Hart, James J. Gonzales, Brian Muldoon and William E. Murane, Denver, for plaintiff-appellee.

Lynn Chapman Greene, Denver, for defendant-appellant.


RULAND, Judge.

Defendant, James J. Cassidy, appeals that part of a summary judgment in favor of plaintiff, Federal Deposit Insurance Corporation (FDIC), for principal and interest due on two promissory notes. He argues that the trial court erred in determining that his affirmative defense of fraud was barred by 12 U.S.C. § 1823(e) (1982). He further argues that there remains a material issue of fact as to the amount due on the promissory notes. He does not appeal...

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