No. 88-1272.

971 F.2d 428 (1992)

Anton K.M. DABABNEH, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity and as Receiver of Moncor Bank, N.A., Hobbs, New Mexico, a national banking association, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Order on Denial of Petition for Rehearing and Suggestion for Rehearing August 20, 1992.

Attorney(s) appearing for the Case

J. Douglas Foster (Paul M. Fish, with him on the brief), of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, N.M., for plaintiff-appellant.

Evelyn D. Sahr, Trial Atty., Torts Branch, Civ. Div. (John R. Bolton, Asst. Atty. Gen., Stuart E. Schiffer, Acting Asst. Atty. Gen., Helen M. Eversberg, William L. Lutz, U.S. Attys., Jeffrey Axelrad, Director, Torts Branch, Civ. Div., Sophie E. Smyth, Trial Atty., Torts Branch, with her on the briefs), U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before HOLLOWAY, HENLEY, and EBEL, Circuit Judges.

Order on Denial of Petition for Rehearing and Suggestion for Rehearing En Banc August 20, 1992.

HOLLOWAY, Circuit Judge

This appeal from the United States District Court, District of New Mexico, stems from that court's granting of a motion to dismiss pursuant to Fed.R.Civ.P. Rule 12(b)(6) in favor of defendant-appellee Federal Deposit Insurance Corporation, in its corporate capacity ("FDIC-C"). Concluding that plaintiff-appellant Dababneh's claim against FDIC...

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