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FEDERAL DEPOSIT INS. CORP. v. CANFIELD

No. 91-4143.

957 F.2d 786 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant, v. Charles R. CANFIELD, Benjamin F. Armstrong, Theodore May, Newell P. Parkin, Mac Christensen, Richard A. Christenson, Dale R. Curtis, Frank Diston, Robert Garff, Lee K. Irvine, Ellis Ivory, Arch Madsen, Gus Paulos, Aline Skaggs, Ronald Swenson, Harold W. Milner, Ernest Wilkinson, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Order Granting Suggestion for Rehearing April 22, 1992.

Attorney(s) appearing for the Case

Edward J. O'Meara, Counsel, of FDIC, Washington D.C. (Ann S. Duross, Asst. Gen. Counsel, Richard J. Osterman, Jr., Senior Counsel, and Jeffrey Ross Williams, Senior Atty., of FDIC, Washington, D.C., and Warren Patten and Craig T. Jacobsen of Fabian & Clendenin, Salt Lake City, Utah, of counsel, with him on the brief), for plaintiff-appellant FDIC.

Robert S. Campbell, Jr. (Joann Shields of Campbell Maack & Sessions, Blake S. Atkin of Parry, Murray & Cannon, James R. Holbrook and Lynda Cook of Callister, Duncan & Nebeker, Michael N. Zundel of Jardine, Linebaugh, Brown & Dunn, Dale J. Lambert of Christensen Jensen & Powell, George J. Romney of Romney & Condie, and John W. Lowe, Salt Lake City, Utah, with him on the brief), for defendants-appellees.

Before HOLLOWAY, LOGAN and SEYMOUR, Circuit Judges.

Order Granting Suggestion for Rehearing En Banc April 22, 1992.

SEYMOUR, Circuit Judge.

This case presents a question of statutory construction. The Federal Deposit Insurance Corporation (FDIC), in its corporate capacity, brought this action against the officers and directors of the failed Tracy Collins Bank & Trust Company seeking to hold them liable for their allegedly negligent management of the institution...

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