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FDIC v. FORMER OFFICERS & DIRECTORS OF METRO. BANK

No. 88-3638.

884 F.2d 1304 (1989)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant, v. FORMER OFFICERS AND DIRECTORS OF METROPOLITAN BANK, Daniel R. Abrams, W. Todd Coffelt, Steven Hungerford, Frank Lee and Charles A. Dale; Former Officers and Directors of Willamette Falls State Bank, Gene A. Rickert, Larry A. Schoenborn, P. Dean Nichols, John Molendyk, Joyce Evans, K. Peter Norrie, Gary L. Dennison, Lewis Johnson and Irving W. Potter; Former Officers and Directors of Independent Bank of Sandy, C. Dale Brookens, Lester Hardy, John Rowell and Thomas Wolf, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1989.

Attorney(s) appearing for the Case

C. Stephen Howard, Tuttle & Taylor, Los Angeles, Cal., for plaintiff-appellant.

Barrie J. Herbold, Markowitz, Herbold, Stafford & Glade, Portland, Or., for defendant-appellee, Frank Lee.

Jeffrey M. Batchelor, Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, Or., for defendants-appellees, K. Peter Norrie and Lewis Johnson.

Before ALARCON, BRUNETTI and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

The Federal Deposit Insurance Corporation ("FDIC") appeals the district court's grant of summary judgment in favor of the former officers and directors of the United Bank of Oregon, a failed bank consisting of the merged assets of three predecessor banks. The district court granted summary judgment for defendants, ruling that claims of breach of fiduciary and statutory duties were barred by the statute of limitations.

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