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E.I. du PONT de NEMOURS & CO. v. F.D.I.C.

No. 92-5384.

32 F.3d 592 (1994)

E.I. DU PONT DE NEMOURS AND COMPANY, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Receiver for United National Bank of Washington, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1994.

Attorney(s) appearing for the Case

Raymond Michael Ripple argued the cause for appellant. With him on the briefs was David W. O'Brien. Dale A. Cooter and Cyrus J. Gardner entered an appearance.

J. Scott Watson, Sr. Atty., F.D.I.C., argued the cause for appellee. With him on the brief were Ann S. DuRoss, Asst. Gen. Counsel, and Richard J. Osterman, Jr., Sr. Counsel, F.D.I.C., Dennis S. Klein and Steven T. Corliss.

Before EDWARDS, BUCKLEY, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.

GINSBURG, Circuit Judge:

E.I. du Pont de Nemours and Co. sued the Federal Deposit Insurance Corporation, in its capacity as receiver of the United National Bank, for the bank's breach of its responsibilities under an escrow agreement. The district court granted summary judgment for the FDIC on the ground that, under the teaching of

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