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MOTORCITY OF JACKSONVILLE, LTD. v. SOUTHEAST BANK

No. 93-4634.

39 F.3d 292 (1994)

MOTORCITY OF JACKSONVILLE, LTD., a limited partnership, By and Through its general partner MOTORCITY OF JACKSONVILLE, INC., a Florida Corporation, David Hess, Plaintiffs-Appellants, v. SOUTHEAST BANK N.A., David Feigenbaum, Defendants, Federal Deposit Insurance Corporation, as receiver for Southeast Bank, N.A., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 5, 1994.

Attorney(s) appearing for the Case

Lawrence R. Heller, Dyanne E. Feinberg, Miami, FL, Kipp A. Coddington, Christopher D. Cerf, Daniel E. Troy, Stephen Goldman, Washington, DC, for appellants.

Julie Feigeles, S. Alyssa Roberts, Washington, DC, for appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and HOEVELER, Senior District Judge.

BIRCH, Circuit Judge:

This appeal tests the limits of the free standing tort exception to the common law D'Oench doctrine, developed in D'Oench Duhme & Co. v. FDIC, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956 (1942) and codified in 12 U.S.C. § 1823(e). Because we find that the alleged tortious conduct does not fall within the scope of regular banking transactions, we conclude that the D'Oench doctrine does...

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