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TEMPLE v. FDIC

Nos. 91-5752, 91-5813.

988 F.2d 24 (1993)

Lee TEMPLE and Equitable Variable Life Insurance Company, Plaintiffs, Lee Temple, Plaintiff-Appellant. v. FDIC, as Receiver of Mbank Alamo, N.A., Commercial National Bank, and Groos Bank, N.A., Defendants-Appellees. Lee TEMPLE and Equitable Variable Life Insurance Co., Plaintiffs, Lee Temple, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, etc., et al., Defendants, Federal Deposit Insurance Corporation, as Receiver of MBank Alamo, N.A., Commercial National Bank and Groos Bank, N.A., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 13, 1993.

Attorney(s) appearing for the Case

R. Wes Johnson, Michael A. Chovanec, Chovanec & Johnson, Inc., San Antonio, TX, for appellant.

Lawrence H. Richmond, Counsel, Washington, DC, for FDIC, as receiver for MBank, Alamo, N.A. in No. 91-5752.

Andrew L. Kerr, Paul Andrew Drummon, Groce, Locke & Hebdon, San Antonio, TX, for Groos Bank and Commercial Nat. Bank.

Stephen P. Allison, C. David Kinder, Haynes & Boone, San Antonio, TX, for FDIC in No. 91-5813.

Before WISDOM and DUHÉ, Circuit Judges, and HAIK, District Judge:

HAIK, District Judge:

The issue before the Court is whether the victim of a forgery can recover from the collecting bank or his own bank, if he has settled his claim against the forger for the full amount of the check. The District Court held that he could not, and granted judgment on the defendants' behalf. We affirm.

On October 3, 1986, plaintiff Lee Temple issued a check to EVLICO (Equitable Variable Life Insurance Company) for $250,000. He intended to...

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