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F.D.I.C. v. EVERETT A. HOLSETH & CO.

Nos. 93-6153, 93-6215.

36 F.3d 1004 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Plaintiff-Counter-Defendant-Appellant, v. EVERETT A. HOLSETH & COMPANY, a Texas corporation, Defendant-Counter-Plaintiff-Appellee. Federal Deposit Insurance Corporation, in its corporate capacity, Plaintiff-Appellant, Richard A. CLINE, Intervenor, v. EVERETT A. HOLSETH & COMPANY, a Texas corporation, Defendant-Appellee, and John Does, I through LXX, Defendants.

United States Court of Appeals, Tenth Circuit.

October 4, 1994.

Attorney(s) appearing for the Case

Lance Stockwell (Sheila M. Powers, also of Boesche, McDermott & Eskridge, Tulsa, OK, John L. Paulhamus, F.D.I.C., Dallas, TX, of counsel, Edward J. O'Meara, F.D.I.C., Washington, DC, with him on the briefs), for appellants.

Robert G. Green (Jon B. Wallis with him on the briefs), Tulsa, OK, for appellee.

Before SEYMOUR, Chief Judge, LOGAN and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

The Federal Deposit Insurance Corporation (FDIC) appeals two separate judgments arising from its action for declaratory relief in a contract dispute with Everett A. Holseth & Company (Holseth).

In No. 93-6153, the FDIC asserts that (1) Holseth failed to present sufficient evidence of breach of contract; (2) Holseth failed to present sufficient evidence of damages; and (3) the district court erred in bifurcating certain issues and...

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