REC. OF FIRST NAT. BANK IN HUMBOLDT

No. 93-392.

523 N.W.2d 591 (1994)

In the Matter of the RECEIVERSHIP OF the FIRST NATIONAL BANK IN HUMBOLDT, Humboldt, Iowa, A National Banking Association, and Federal Deposit Insurance Corporation, Receiver. FEDERAL DEPOSIT INSURANCE CORPORATION, Appellant, v. IOWA GROWTHLAND FINANCIAL CORP. and Joe Dodgen, Appellees.

Supreme Court of Iowa.

As Modified on Denial of Rehearing November 21, 1994.


Attorney(s) appearing for the Case

G. Mark Rice of Adams, Howe & Zoss, P.C., Des Moines, Ann Duross, Asst. Gen. Counsel, Richard J. Osterman, Jr., Sr. Counsel, and Edward J. O'Meara, Counsel to F.D.I.C., Washington, DC, for appellant FDIC.

Thomas D. Hanson, Barry A. Russell, and Lu Ann White of Hanson, Bjork & Russell, Des Moines, for appellees Iowa Growthland Financial Corp. and Joe Dodgen.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.


NEUMAN, Justice.

When the Federal Deposit Insurance Corporation (FDIC), acting as receiver of a failed bank in Humboldt, Iowa, sought a court order terminating the receivership, a controversy arose over a surprising development: a surplus of over $2 million in the receivership estate. The FDIC claimed entitlement to the excess as a "reasonable return" on the funds it advanced in the bailout. The bank's shareholders disputed the government agency's authority to collect...

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