LAWSON v. F.D.I.C.

No. 92-2429.

3 F.3d 11 (1993)

Mary E. LAWSON and Matt Lawson, Plaintiffs, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 23, 1993.


Attorney(s) appearing for the Case

Edward T. Joyce with whom Deborah I. Prawiec, Raymond A. Fylstra, Joyce and Kubasiak, P.C., Chicago, IL, William D. Robitzek, David G. Webbert and Berman and Simmons, P.A., Lewiston, ME, were on brief, for appellants.

Jerome A. Madden, Counsel, F.D.I.C., with whom Ann S. DuRoss, Asst. Gen. Counsel, F.D.I.C., and Richard J. Osterman, Jr., Senior Counsel, F.D.I.C., Washington, DC, were on brief for appellee, F.D.I.C.

Roy S. McCandless with whom P. Benjamin Zuckerman, Patricia Nelson-Reade and Verrill & Dana, Portland, ME, were on brief, for appellee, Fleet Bank of Maine.

Before TORRUELLA, CYR and BOUDIN, Circuit Judges.


BOUDIN, Circuit Judge.

The facts of this case are straightforward. In January 1991, plaintiffs Mary and Matt Lawson purchased five one-year certificates of deposit ("CDs") from the Maine Savings Bank, representing a deposit payment in each case of approximately $92,000. Each CD had an interest rate of 7.9 percent per year, giving the CDs a maturity value of $100,000 each. A CD reflects a deposit coupled with an agreement by the depositor to leave the funds in the...

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