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F.D.I.C. v. APPLING

Nos. 91-6149, 91-6277 and 91-6332.

992 F.2d 1109 (1993)

FEDERAL DEPOSIT INSURANCE CORPORATION, a corporation existing under the laws of the United States, Plaintiff-Appellant, v. Charles W. APPLING, Mark S. Brown, Ann L. Baumann Stonehocker, and B.J. Crittendon, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 1993.

Attorney(s) appearing for the Case

John P. Parker, Sr. Atty., F.D.I.C., Washington, DC (Ann S. DuRoss, Asst. Gen. Counsel, Richard J. Osterman, Jr., Sr. Counsel, Joan Parks Saunders, Sr. Atty., F.D.I.C., Washington, DC, Sarah W. Hays and W. Dennis Cross of Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, MO, and Donna N. Blakley of Watson & McKenzie, Oklahoma City, OK, with him on the briefs), for plaintiff-appellant.

Jack T. Crabtree of Crabtree & Associates, Oklahoma City, OK, for defendant-appellee Charles W. Appling.

Elizabeth Riley Castleberry (Terry W. Tippens, with her on the brief), of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK, for defendants-appellees Ann L. Baumann Stonehocker and B.J. Crittendon.

B. Wayne Dabney and Deborah A. Moon of Hays & Dabney, Chickasha, OK, on the brief for defendant-appellee Mark S. Brown.

Before MOORE and SETH, Circuit Judges, and CAMPOS, District Judge.

SETH, Circuit Judge.

This appeal is in an action brought by the Federal Deposit Insurance Corporation (FDIC) against officers and directors of a failed bank, the First National Bank of Rush Springs, Oklahoma. The Bank was declared insolvent by the Comptroller of the Currency and the FDIC was designated as receiver of the Bank. The FDIC acted pursuant to 12 U.S.C. § 1821(c), (d), in that capacity. In its corporate capacity the FDIC had insured deposits of the...

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