NORTH ARKANSAS MEDICAL CENTER v. BARRETT

Nos. 90-2340, 90-2583.

962 F.2d 780 (1992)

NORTH ARKANSAS MEDICAL CENTER, f/k/a Boone County Hospital, Appellant, v. Arther W. BARRETT, Sr., Estate of Elsie M. Barrett, Arther Barrett, Jr., Cathy Barrett, Royce Barrett, Edith Barrett, Donald C. Crutchfield, Bobby L. Pinson, Guaranty Savings & Loan Association, FDIC as manager of the FSLIC Resolution Fund, as Receiver for Guaranty Savings & Loan Association, Office of Thrift Supervision, and Bowman & Company, Appellees. NORTH ARKANSAS MEDICAL CENTER, f/k/a Boone County Hospital, Appellee, v. Arther W. BARRETT, Sr., Estate of Elsie M. Barrett, Arther Barrett, Jr., Cathy Barrett, Royce Barrett, Edith Barrett, Donald C. Crutchfield, Bobby L. Pinson, Guaranty Savings & Loan Association, Office of Thrift Supervision, and Bowman & Company. FDIC as manager of the FSLIC Resolution Fund, as Receiver for Guaranty Savings & Loan Association, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1992.


Attorney(s) appearing for the Case

Robert D. McGillicuddy, Washington, D.C., argued (Dorothy L. Nichols, Ann S. Duross, Joan E. Smiley, Robert D. McGillicuddy, Washington, D.C., and Garland Garrett and Jess Askew, III, Little Rock, Ark., on brief), for appellee F.D.I.C.

Mark W. Nichols, Little Rock, Ark., argued, for appellee Bowman & Co., Inc.

Before JOHN R. GIBSON, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

North Arkansas Medical Center appeals from the judgment of the district court1 dismissing its complaint against the FDIC as receiver for the failed thrift, Guaranty Savings & Loan Association, holding that an agreement to pledge securities as collateral for jumbo certificates of deposit and other accounts did not satisfy the requirements of 12 U.S.C.A. § 1823(e) (West 1989). North Ark. Medical...

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