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GARRETT v. COMMONWEALTH MORTG. CORP. OF AMERICA

No. 90-2862.

938 F.2d 591 (1991)

Ann V. GARRETT and Roy D. Garrett, Plaintiffs-Appellants, v. COMMONWEALTH MORTGAGE CORP. OF AMERICA, et al., Defendants-Appellees, and Federal Deposit Insurance Corp., as Managing Agent for Resolution Trust Corp., Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1991.

Attorney(s) appearing for the Case

Paul Dodson, White, Huseman, Pletcher & Powers, Corpus Christi, Tex., for plaintiffs-appellants.

Richard A. Hipp, Brown & Fowler, Houston, Tex., for defendants-appellees.

Before SMITH and DUHÉ, Circuit Judges, and POLOZOLA, District Judge.

DUHÉ, Circuit Judge.

The plaintiffs sued two wholly owned subsidiaries of a savings institution, but before trial the institution was placed in receivership. After the FDIC intervened, the district court granted its motion for a rule 12(b)(6) dismissal based solely on the court's conclusion that wholly owned subsidiaries can invoke the protections of the D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e). 765 F.Supp. 351

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