ROECKL v. F.D.I.C.

No. S-5622.

885 P.2d 1067 (1994)

Anton ROECKL, individually, and d/b/a Fermell Company, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Appellee.

Supreme Court of Alaska.

December 2, 1994.


Attorney(s) appearing for the Case

William L. Choquette, Artus & Choquette, P.C., Anchorage, for appellant.

Robert C. Auth, Staff Atty., Anchorage, Ann S. DuRoss Asst. Gen. Counsel, Richard J. Osterman, Jr., Sr. Counsel, and E. Whitney Drake, Sp. Counsel, Washington, DC, for appellee.

Before MOORE, C.J., and RABINOWITZ, MATTHEWS and COMPTON, JJ., and BRYNER, J. Pro Tem.


OPINION

BRYNER, Justice, Pro Tem.

This appeal by Anton Roeckl from the superior court's order of summary judgment in favor of the Federal Deposit Insurance Corporation (FDIC) requires us to determine whether a conveyance of real property to a grantee under an assumed business name is barred under Alaska law. We conclude that such a conveyance is permissible in the absence of actual fraud, and, accordingly, we reverse the summary judgment entered below...

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