F.D.I.C. v. SHOOP

No. 91-35494.

2 F.3d 948 (1993)

FEDERAL DEPOSIT INSURANCE CORPORATION, as manager of the Federal Savings and Loan Insurance Fund, successor in interest to the Federal Savings and Loan Insurance Corporation, as receiver for Central Illinois Savings and Loan Association, Plaintiff-Appellee, v. Jeff SHOOP, a/k/a Jeffrey W. Shoop; Bill Boyer, a/k/a William L. Boyer; Ronald J. Slovak; John C. Kafka, Defendants, and Robert F. Kafka, d/b/a BS Partnership, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1993.


Attorney(s) appearing for the Case

Mark E. Noennig, Hendrickson, Everson, Noennig & Woodward, P.C., Billings, MT, for defendant-appellant Robert Kafka.

Kenneth S. Frazier, Felt & Martin, and Randall G. Nelson, Billings, MT, for plaintiff-appellee FDIC.

Before: WRIGHT, THOMPSON and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

The FDIC sued on a promissory note for FSLIC as successor to a failed savings and loan association. The debtors on the note claim that the suit is barred by Montana's "one action rule." Montana and several other states have a statute providing for "but one action" on a mortgage and the promissory note secured by it. The district court granted summary judgment for the FDIC, but we reverse.1

I. Facts.<...

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