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E.I. DU PONT DE NEMOURS AND CO. v. F.D.I.C.

No. 92-5384.

45 F.3d 458 (1995)

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 January 27, 1995.

Attorney(s) appearing for the Case

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

J. Scott Watson, Sr. Atty., F.D.I.C., Washington, DC, 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, Washington, DC.

Before EDWARDS, Chief Judge, BUCKLEY, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Dissenting statement filed by Chief Judge HARRY T. EDWARDS.

GINSBURG, Circuit Judge:

The FDIC seeks rehearing of this case, in which we reversed the judgment of the district court and remanded the matter for further proceedings. See 32 F.3d 592 (D.C.Cir. 1994). The agency makes three arguments against our decision.

First, the FDIC claims that by...

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