SPAWN v. WESTERN BANK—WESTHEIMER

No. 91-6200.

989 F.2d 830 (1993)

Coy U. SPAWN, Jr., Plaintiff-Appellee, v. WESTERN BANK—WESTHEIMER, Defendant, Federal Deposit Insurance Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 4, 1993.


Attorney(s) appearing for the Case

Daniel H. Kurtenbach, Washington DC, for FDIC.

H. Gray Burks, IV, Houston, TX, for Spawn.

Before KING and EMILIO M. GARZA, Circuit Judges, and HALL, District Judge.


KING, Circuit Judge:

The FDIC, in its corporate capacity as insurer of bank deposits, appeals from the district court's final judgment, which awarded Coy Spawn prejudgment interest and attorney's fees in connection with his claim for deposit insurance. As discussed below, we conclude (a) that the FDIC is immune from awards of prejudgment interest in the context of its decisions regarding deposit insurance, and (b) that the district court abused its discretion in determining...

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