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AMERICAN CAS. CO. v. FDIC

No. 91-6038.

958 F.2d 324 (1992)

The AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the Federal Savings and Loan Insurance Corporation Resolution Fund, Defendant-Appellant, and James W. Wilkinson; James H. Burge; Stanley Youngheim; Walter Ross; David Delana; Mark Franklin; Globe Savings Bank, F.S.B.; Federal Savings & Loan Insurance Corporation, in its corporate capacity or its successor, Defendants.

United States Court of Appeals, Tenth Circuit.

March 12, 1992.

Attorney(s) appearing for the Case

Edward O'Meara (Larry D. Henry, Huffman, Arrington, Kihle, Gaberino & Dunn, A Professional Corp., Tulsa, Okl., and Kenneth Lewis, Trial Atty., Ann S. DuRoss, Asst. Gen. Counsel, and Joan E. Smiley, Sr. Counsel, Federal Deposit Ins. Corp., Washington, D.C., with him on the briefs), Federal Deposit Ins. Corp., Washington, D.C., for defendant-appellant.

Chris Ballentine (James K. Secrest, II, and Melvin C. Weiman, Secrest & Hill, Tulsa, Okl., with him on the brief), Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, Fla., for plaintiff-appellee.

Before TACHA, BALDOCK, and EBEL, Circuit Judges.

TACHA, Circuit Judge.

Appellant, the Federal Deposit Insurance Corporation (FDIC), appeals the district court's order granting relief to American Casualty Company (ACC) in the form of a declaration that ACC is not obligated to provide liability coverage or to answer any judgment that may be entered against any individual defendants in another suit brought by FDIC, FDIC v. Wilkinson, No. CIV-89-505-A (W.D.Okla. filed Mar. 29, 1989). On appeal, the FDIC argues...

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