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F.D.I.C. v. BATES

No. 93-3800.

42 F.3d 369 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC Resolution Fund, Plaintiff-Appellant, v. G. Del BATES; Joseph J. Burgoon; Douglas N. Eklund; and Robert F. Seaton, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 15, 1994.

Rehearing Denied January 13, 1995.

Attorney(s) appearing for the Case

Stephen Novack, Timothy J. Miller, Novack & Macey, Chicago, IL, and Edward O'Meara (argued and briefed), F.D.I.C., Washington, DC, for plaintiff-appellant.

Gerald A. Messerman (briefed), Duvin, Cahn, Barnard & Messerman, Cleveland, OH, Richard T. Cunningham (briefed), Amer, Cunningham & Brennan, Akron, OH, Richard L. Stoper, Jr. (argued) and Niki Z. Schwartz, Gold, Rotatori, Schwartz & Gibbons, Cleveland, OH, for defendants-appellees.

Before: NELSON, SUHRHEINRICH, and SILER, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

The issue presented is one of statutory construction: whether Section 1821(k) of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), Pub.L. No. 101-73 (codified as amended in scattered sections of 12 and 15 U.S.C.), abridges the Federal Deposit Insurance Corporation's (FDIC) right to bring a federal common law claim for simple negligence. This issue is one of first impression in this circuit.

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