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HOWARD v. HADDAD

Nos. 89-2368, 89-2379 and 89-2380.

916 F.2d 167 (1990)

Edward G. HOWARD, Plaintiff-Appellant, Federal Deposit Insurance Corporation, Plaintiff-Appellee, v. Said HADDAD; James H. McMullin, Defendants-Appellees. Edward G. HOWARD, Plaintiff-Appellee, v. Said HADDAD, Defendant-Appellant. Edward G. HOWARD, Plaintiff-Appellee, v. James H. McMULLIN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1990.

Attorney(s) appearing for the Case

Jeffrey Allen Tew, argued (Dannis A. Nowak, Kirkpatrick & Lockhart, Miami, Fla., Larry R. Lavoie, Kirkpatrick & Lockhart, Washington, D.C., on brief), for plaintiff-appellant.

Richard Bernstein, Stuzin & Camner, P.A., Miami, Fla., James M. Saunders, Mays & Valentine, Arlington, Va., Ana T. Barnett, Stearns, Weaer, Miller, Weissler, Alhadeff & Setterson, P.A., Miami, Fla., argued (Wesley R. Parsons, Juan A. Gonzalez, Stuzin & Camner, P.A., Miami, Fla., Frank E. Brown, Jr., Mays & Valentine, Arlington, Va., on brief), for defendants-appellees.

Before POWELL, Associate Justice, Retired, United States Supreme Court, sitting by designation, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

K.K. HALL, Circuit Judge:

Edward G. Howard appeals the district court's order allowing the Federal Deposit Insurance Corporation ("FDIC") to intervene in a fraud action brought by Howard against two former directors of the Trust Bank ("Bank"), an insolvent state-chartered bank for which the FDIC had been appointed liquidator. He also appeals the order granting the FDIC's motion to dismiss the action because it was derivative of the agency's claims against the Bank...

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