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McNEILY v. U.S.

No. 92-1618.

6 F.3d 343 (1993)

Peter W.G. McNEILY, Liquidator for Independent American Participating Income Fund, L.P., Plaintiff-Appellant, v. UNITED STATES of America; Resolution Trust, as Conservator for Sunbelt Federal Savings, FSB; Resolution Trust Corporation, as Receiver for Sunbelt Savings, FSB; Federal Deposit Insurance Corporation, as Manager of the Federal Savings and Loan Insurance Corporation Resolution Fund, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 8, 1993.

Attorney(s) appearing for the Case

Richard G. Elliott, Jr., John T. Dorsey, Richards, Layton & Finger, Wilmington, DE, for plaintiff-appellant.

Paul Boudreaux, Trial Atty., Paul F. Figley, Deputy Director, U.S. Dept. of Justice, Torts Branch, Washington, DC, Marvin Collins, U.S. Atty., Dallas, TX, for U.S.

Donald A. Wall, Squire, Sanders & Dempsey, Phoenix, AZ, Thomas L. Holzman, Washington, DC, for F.D.I.C.

Before GARWOOD, DAVIS and SMITH, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellant challenges the dismissal of his damage suit against the United States and the Federal Deposit Insurance Corporation (FDIC)1 for actions taken by federal regulators with respect to a failed thrift and its subsidiaries. Finding the claims barred under the Federal Tort Claims Act, we affirm.

I.

Appellant W.G. McNeily is the liquidator of Independent American Participating Income...

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