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F.D.I.C. v. HENNESSEE

No. 89-6365.

966 F.2d 534 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, a corporation organized and existing under the laws of the United States of America, Plaintiff-Appellee, v. Odus M. HENNESSEE and Edna M. Hennessee, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 3, 1992.

Attorney(s) appearing for the Case

David Bryant, Kline & Kline, Oklahoma City, Okl. (with whom David Kline and Janice Green of the same firm, were on the briefs) for defendants-appellants.

Robert D. McGillicuddy (with whom Marc Edwards, Johnny G. Beech, of Phillips, McFall, McCaffrey, McVay, Sheets & Lovelace, Oklahoma City, Okl., John L. Paulhamus, of counsel, FDIC, Oklahoma City, Okl., Ann S. DuRoss, Asst. Gen. Counsel, Joan S. Smiley, Senior Counsel, and Sharon P. Silvertsen, Counsel, FDIC, Washington, D.C., were on the brief), for plaintiff-appellee.

Before McKAY, Chief Judge, MOORE, Circuit Judge, and BROWN, District Judge.

WESLEY E. BROWN, Senior District Judge.

This action was brought by the FDIC to foreclose on a mortgage executed by Edna Hennessee and to recover on a promissory note executed by her son Odus Hennessee. The district court granted the FDIC's motion for summary judgment. The issue in this appeal is whether the district court erred in granting the FDIC's request for foreclosure of the mortgage.1

The mortgage at issue arose out of a...

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