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F.D.I.C. v. HOUDE

Nos. 95-1853, 95-1854.

90 F.3d 600 (1996)

FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver For New Maine National Bank, Plaintiff, Appellant, v. Roland HOUDE and Ora Houde, Defendants, Appellees. FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver For New Maine National Bank, Plaintiff, Appellee, v. Roland HOUDE and Ora Houde, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 24, 1996.

Attorney(s) appearing for the Case

Jaclyn C. Taner, Counsel, Washington, DC, with whom Ann S. DuRoss, Assistant General Counsel, Colleen B. Bombardier, Senior Counsel, Federal Deposit Insurance Corporation; Andrew Sparks, Paul E. Peck, John B. Emory and Drummond & Drummond, Portland, ME, were on briefs for plaintiff.

Jeffrey Bennett, Portland, ME, with whom Melinda J. Caterine, Clare S. Benedict and Bennett and Associates, P.A. were on briefs for defendants.

Before BOUDIN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

The Federal Deposit Insurance Corporation ("FDIC") appeals from an order, entered in the United States District Court for the District of Maine, dismissing its complaint to collect the amount due on a $275,000 promissory note executed in 1986 by defendants Roland and Ora Houde and made payable to the Maine National Bank, and to foreclose on the mortgage securing the Houdes' indebtedness. The Houdes cross-appeal from the district...

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