F.D.I.C. v. BROWN

Civ. A. No. H-91-2073.

812 F.Supp. 722 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its separate corporate capacity, Plaintiff, v. Ronald BROWN, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

December 10, 1992.


Attorney(s) appearing for the Case

James R. Buckner, Miller & Martin, Chattanooga, TN, Kevin B. Finkel, Meredith, Donnell & Abernethy, Houston, TX, for plaintiff.

Walter B. Stuart, IV, Vinson & Elkins, Houston, TX, for defendants.


MEMORANDUM AND ORDER

LAKE, District Judge.

Defendant Isabel Brown Wilson seeks partial summary judgment (Docket Entry No. 92), and the remaining defendants seek judgment on the pleadings (Docket Entry No. 91) because the Texas business judgment rule precludes FDIC from suing defendants for acts or omissions as directors of RepublicBank-Houston (RBH) unless FDIC alleges that defendants' conduct was fraudulent or ultra vires.

All parties express...

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