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FEDERAL DEPOSIT INS. CORP. v. IRWIN

No. 89-1820.

916 F.2d 1051 (1990)

FEDERAL DEPOSIT INSURANCE CORP., Plaintiff, v. William K. IRWIN, Shirley N. Irwin, and Glynn Bell, Defendants-Third Party Plaintiffs-Appellants. and McLEAN AMERICAN BANCSHARES, INC., Third-Party Plaintiff-Appellant, v. UNITED STATES of America, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 13, 1990.

Attorney(s) appearing for the Case

John Mozola, Vicki Wilmarth, Sprouse, Mozola, Smith & Rowley, Amarillo, Tex., for defendants-third party plaintiffs-appellants.

Freddi Lipstein, Anthony J. Steinmeyer, U.S. Dept. Justice, Washington, D.C., Marvin Collins, Fort Worth, Tex., for third-party defendant-appellee.

Before CLARK, Chief Judge, REAVLEY and KING, Circuit Judges.

REAVLEY, Circuit Judge:

The Office of the Comptroller of the Currency ("OCC") declared American National Bank in McLean, Texas ("McLean Bank") insolvent and appointed the Federal Deposit Insurance Corporation ("FDIC") as receiver. FDIC brought suit against directors of the bank for breach of fiduciary duties. The directors counterclaimed against the United States under the Federal Tort Claims Act ("FTCA"), alleging an improper determination of insolvency. The district...

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