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RESOLUTION TRUST CORP. v. ARTLEY

No. 93-9021.

28 F.3d 1099 (1994)

RESOLUTION TRUST CORPORATION, Plaintiff-Appellee, v. James M. ARTLEY, et al., Defendants, Third-Party Plaintiffs, Appellants, International Insurance Company, Inc., Defendant, Third-Party Defendant, The Cincinnati Company, Defendant, Third-Party Defendant.

United States Court of Appeals, Eleventh Circuit.

August 12, 1994.

Attorney(s) appearing for the Case

C.B. Rogers, John J. Almond, Susan D. Burnell, Rogers & Hardin, Atlanta, GA, Joseph B. Gray, Jr., Simpson & Gray, Tifton, GA, Rebecca M. Lamberth, Peter Q. Bassett, Alston & Bird, Atlanta, GA, for appellants.

John M. Tatum, Michael J. Thomerson, Miller, Simpson & Tatum, Savannah, GA, for John Carey Monroe.

Keith A. Hanson, Hanson & Peters, Chicago, IL, for Cincinnati Ins.

Albert Fendig, Jr., Gilbert C. McLemore, Donna L. Crossland, Fendig, McLemore, Taylor & Whitworth, Brunswick, GA, for Resolution Trust.

Stephen Jacobs, William A. Edelson, Louis G. Corsi, Siff & Rosen, New York City, for International Ins. Co.

Before EDMONDSON, Circuit Judge, GODBOLD and JOHNSON, Senior Circuit Judges.

EDMONDSON, Circuit Judge:

The district court applied the federal common law doctrine of "adverse domination" to toll the state statute of limitations governing plaintiff's claims. We decide, under Georgia law, that the limitations period was not tolled and that the limitation is a bar to all but one of plaintiff's claims. So, we must reverse and remand.

I.

Defendants are former officers and directors of Great Southern Federal Savings Bank ("Great...

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