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LANDRETH v. FIRST NAT. BANK OF CLEBURNE COUNTY

No. 93-3936.

45 F.3d 267 (1995)

Billie LANDRETH, as Executrix of the estate of Guy Bailey and Ludie Bailey, deceased, Appellant, v. FIRST NATIONAL BANK OF CLEBURNE COUNTY, Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Third Party.

United States Court of Appeals, Eighth Circuit.

Decided January 19, 1995.

Attorney(s) appearing for the Case

Thomas W. Mickel, Little Rock, AR, for appellant.

Kathryn R. Norcross, F.D.I.C., Washington, DC, R. Bryan Tilley, Heber Springs, AR, appeared on the brief, for appellee.

Before McMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

Billie Landreth appeals the district court's order granting First National Bank of Cleburne County (FNBC) and Federal Deposit Insurance Corporation (FDIC) summary judgment on Landreth's complaint for refusal to honor a certificate of deposit (CD). Landreth argues the district court erred in determining that the statute of limitations had run. We reverse.

I. BACKGROUND

Guy and Ludie Bailey purchased a CD in the amount of $2900...

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