THIGPEN v. SPARKS

No. 91-1977.

983 F.2d 644 (1993)

Roy E. THIGPEN, III, Plaintiff, v. Marc A. SPARKS, et al., Defendants. Marc A. SPARKS, Defendant-Counter Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, In its capacity as receiver for BancTexas Dallas, N.A., Counter Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 31, 1993.


Attorney(s) appearing for the Case

James A. Pikl, Paul D. Schoonover, Vial, Hamilton, Koch & Knox, Dallas, TX, for appellant.

Guy Irvin Wade, III, Paul C. Watler, Pamela Ann Swank, Jenkins & Gilchrist, Dallas, TX, E. Whitney Drake, Sp. Counsel, F.D.I.C., Washington, DC, for F.D.I.C., as receiver for BancTexas Dallas, N.A.

Before GOLDBERG, JONES, and DeMOSS, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 31, 1993.

EDITH H. JONES, Circuit Judge:

The issue in this case is whether an individual's breach of warranty claims, which arose when a now-failed bank sold him a wholly-owned Texas trust company, are barred against FDIC by the D'Oench doctrine,1 12 U.S.C. § 1823(e) or § 1821(d)(9)(A). We hold that they were not so barred and thus reverse and remand the district court...

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