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LINDSEY v. FEDERAL DEPOSIT INS. CORP.

No. 91-5641 Summary Calendar.

960 F.2d 567 (1992)

Jesse M. LINDSEY and Louise O. Lindsey, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of MBank Alamo, N.A. and Ricky Preston, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 15, 1992.

Attorney(s) appearing for the Case

Joe A. Summerford, Richard P. Alexander, Eldered N. Bell, Jr., Arens & Alexander, Fayetteville, Ark., for plaintiffs-appellants.

Stephen P. Allison, C. David Kinder, Haynes & Boone, San Antonio, Tex., for FDIC.

Before JOLLY, DAVIS, and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal is over peanuts.

The Lindseys brought suit in state court against MBank Alamo seeking a declaratory judgment that they are the owners of a peanut allotment. The FDIC was appointed receiver of MBank and removed the case to federal district court. The district court granted the FDIC's motion for summary judgment on the grounds that ownership of the allotment passed to MBank when MBank foreclosed on the land upon which...

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