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FEDERAL DEPOSIT INS. CORP. v. MORLEY

No. 88-6012.

867 F.2d 1381 (1989)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Counter-Defendant-Appellee, v. Nicholas H. MORLEY, Interterra, Inc., Regina Interiors, Incorporated, City National Bank of Miami, a national bank as Trustee of a land trust known on the Trustee's record as Trust No. 5003138, Defendants-Counterclaim-Plaintiffs-Third-Party Plaintiffs-Appellants, Continental Illinois National Bank and Trust Company of Chicago, a national banking association, Third-Party Defendant, Villa Regina Association, Inc., Defendant.

United States Court of Appeals, Eleventh Circuit.

March 16, 1989.

Attorney(s) appearing for the Case

Dennis Alan Richard, Richard and Richard, Miami, Fla., Bruce Rogow, Ft. Lauderdale, Fla., for defendants-counter-claim-plaintiffs-third-party plaintiffs-appellants.

Richard F. Levy, P.C., Kirkland & Ellis, Chicago, Ill., for plaintiff-counter-defendant-appellee.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and HENDERSON, Senior Circuit Judge.

HATCHETT, Circuit Judge:

Nicholas H. Morley, Interterra, Inc., and Regina Interiors, Inc. (Morley) seek review of the district court's dismissal of their counterclaim which challenged the Federal Deposit Insurance Corporation's (FDIC) financial assistance program to Continental Illinois National Bank and Trust Company of Chicago (Continental). The district court dismissed Morley's counterclaim for lack of standing, granted summary judgment

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