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FDIC v. LAKE COUNTRY NAT. BANK

No. 88-1505.

873 F.2d 79 (1989)

FEDERAL DEPOSIT INSURANCE CORPORATION in its Corporate Capacity as Liquidator of Lake Austin National Bank, Plaintiff-Appellant, v. LAKE COUNTRY NATIONAL BANK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 14, 1989.

Attorney(s) appearing for the Case

Scott N. Morse, Austin, Tex., for plaintiff-appellant.

Ross Sterling Crossland, Austin, Tex., for defendant-appellee.

Before POLITZ and JOLLY, Circuit Judges, and HUNTER, District Judge.

POLITZ, Circuit Judge:

The Federal Deposit Insurance Corporation ("FDIC"), in its capacity as liquidator of Lake Austin National Bank ("LANB"), appeals the dismissal of its claims against Lake Country National Bank ("Lake Country") for failure to comply with the notice requirements of 12 C.F.R. § 210.12(c). For the reasons assigned, we reverse, render, and remand for further proceedings.

Background

On June 24, 1986, LANB received for...

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