BETZ v. F.D.I.C.

No. 95-55259.

99 F.3d 904 (1996)

J. Gordon BETZ; David E. Giorgi, Individually and as Trustee of the David E. Giorgi Family Trust; Anthony Guntermann, an individual; Harry H. Holthusen, an individual; J. Harold Peterson, Jr., an individual; John S. Rathborne, an individual, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for HomeFed Bank, F.S.B., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1996.


Attorney(s) appearing for the Case

William H. Lancaster and Ralph W. Tarr, Andrews & Kurth, Los Angeles, CA, for plaintiffs-appellants.

Mitchell Plave, Washington, D.C., and Tina Pivonka, Schall, Boudreau & Gore, San Diego, CA, for defendant-appellee.

Before WIGGINS, DAVID R. THOMPSON and TROTT, Circuit Judges.


OPINION

DAVID R. THOMPSON, Circuit Judge:

Former directors of the failed HomeFed Bank, F.S.B. (the directors), appeal the district court's summary judgment in favor of the Resolution Trust Corporation (RTC) in the directors' action to require the RTC to treat their withheld directors' fee accounts as deposits with the bank. The RTC determined, and the district court held, that the accounts were not "deposits" within...

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