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FIRST AMERICAN BANK v. RESOLUTION TRUST CORP.

No. 93-5189.

30 F.3d 644 (1994)

FIRST AMERICAN BANK, Petitioner, v. RESOLUTION TRUST CORPORATION, in its Corporate Capacity, Respondent.

United States Court of Appeals, Fifth Circuit.

September 8, 1994.

Attorney(s) appearing for the Case

M.C. Carrington, Mehaffy & Weber, Beaumont, TX, for petitioner.

Walter Clay Cooke, Brown, McCarroll & Oaks Hartline, Houston, TX, Ann Johnson, Mitchell E.F. Plave, Resolution Trust Corp.-Legal Div., Washington, DC, for respondent.

Before GARWOOD, SMITH, and STEWART, Circuit Judges.

STEWART, Circuit Judge:

Petitioner, First American Bank, seeks review of a final determination of the Resolution Trust Corporation ("RTC") denying federal deposit insurance coverage for funds deposited in the now-defunct Spindletop Savings Association, F.A. Because the RTC's decision was arbitrary and capricious, an abuse of discretion, and not in accordance with law, we reverse.

I.

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