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HALL v. FEDERAL DEPOSIT INS. CORP.

No. 89-6350.

920 F.2d 334 (1990)

Lillian H. HALL, William L. Hall, Wallace G. Gibson, Brenda C. Gibson, d/b/a Jackson, Tennessee Motel Partnership; R. Vance Burkey and M.D. Kelly, Individually and as partners of Jackson, Tennessee Motel Partnership, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION and Security Trust Federal Savings and Loan Association, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 28, 1990.

Rehearing and Rehearing Denied January 16, 1991.

Attorney(s) appearing for the Case

Gary R. Patrick, Patrick, Beard & Richardson, Richard P. Jahn, Jr., Jahn & Jahn, Chattanooga, Tenn., William S. Lockett, Jr. (argued), Kennerly, Montgomery & Finley, Knoxville, Tenn., for plaintiffs-appellants.

J. Michael Winchester, E. Brian Sellers, Gordon D. Foster, Lacy & Winchester, Elizabeth S. Tonkin, Walt, Dyer & James, Knoxville, Tenn., Sharon Sivertsen (argued), Federal Deposit Ins. Corp., Washington, D.C., Thomas R. Dyer, Memphis, Tenn., for defendants-appellees.

Before: JONES and BOGGS, Circuit Judges; and GIBBONS, District Judge.

Rehearing and Rehearing En Banc Denied January 16, 1991.

BOGGS, Circuit Judge.

This case presents the question whether the Federal Savings and Loan Insurance Corporation (FSLIC) may invoke the doctrine of D'Oench, Duhme & Co. v. Federal Deposit Insurance Corporation, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956 (1942), as a complete bar to this suit for breach of a loan agreement by a failed savings and loan association...

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