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F.D.I.C. v. ZOOK BROS. CONST. CO.

No. 91-35468.

973 F.2d 1448 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant, v. ZOOK BROTHERS CONSTRUCTION COMPANY, a corporation; Glenn T. Zook; Donald R. Zook; Louise M. Zook; Eunice E. Zook, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1992.

Attorney(s) appearing for the Case

Lawrence H. Richmond, F.D.I.C., Washington, D.C., for plaintiff-appellant.

Michael S. Becker, Luxan and Murfitt, Helena, Mont., for defendants-appellees.

Before: ALARCON, RYMER and NELSON, Circuit Judges.

RYMER, Circuit Judge:

The FDIC brought suit against Louise Zook on a guaranty executed in support of a loan to Zook Brothers Construction Company by Continental Illinois National Bank and Trust Company of Chicago, which had assigned agreements relating to ZBCC to the FDIC. The district court decided after a bench trial that the Bank's failure to obtain Zook's consent to alterations in the credit arrangement released her from the guaranty, rendering it unenforceable...

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