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F.D.I.C. v. COCKE

Nos. 92-1987, 92-1994 and 92-1996.

7 F.3d 396 (1993)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate capacity as an instrumentality of the United States, Plaintiff-Appellant, v. Charles P. COCKE, Defendant-Appellee. FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate capacity as an instrumentality of the United States, Plaintiff-Appellant, v. Julius F. FOGEL, Defendant-Appellee. FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate capacity as an instrumentality of the United States Receiver of McLean Savings and Loan Association, Plaintiff-Appellant, v. Lloyd B. RAMSEY; Preston L. Walker; Richard E. Blair; John E. Harn, II; Terry B. Light; John E. Harrison; Light & Harrison, PC, Defendants-Appellees, and Thomas J. Leonard, III; Frank M. Howard; Julius F. Fogel, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1993.

Attorney(s) appearing for the Case

Richard Joseph Osterman, Jr., Senior Counsel, F.D.I.C., Washington, D.C., argued (Ann S. DuRoss, Asst. Gen. Counsel, Robert D. McGillicuddy, Deputy Senior Counsel, Marta W. Berkley, Charles McDonald, Professional Liability Claims Section, F.D.I.C., Washington, D.C., on brief) for plaintiff-appellant.

J. Jonathan Schraub, Melrod, Redman & Gartlan, P.C., Washington, DC, Thomas L. Appler, McGuire, Woods, Battle & Boothe, McLean, VA, Douglas Frank Curtis, Miller, Cassidy, Larroca & Lewin, Washington, DC, argued (Danny M. Howell, Niccolo N. Donzella, Melrod, Redman & Gartlan, P.C., Washington, DC, Randall J. Turk, Miller, Cassidy, Larroca & Lewin, Washington, DC, William T. Freyvogel, Adams, Porter & Radigan, Ltd., McLean, VA, on brief), for defendants-appellees.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

OPINION

ERVIN, Chief Judge:

The Federal Deposit Insurance Corporation ("FDIC"), acting as receiver of McLean Savings & Loan Association ("McLean"), elected to proceed with a breach of duty action against various parties affiliated with the savings and loan. The district court summarily disposed of all the FDIC's claims as untimely filed under the applicable Virginia1 statute of limitations. This appeal presents the issue...

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