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MOTORCITY OF JACKSONVILLE v. SOUTHEAST BANK N.A.

No. 93-4634.

120 F.3d 1140 (1997)

MOTORCITY OF JACKSONVILLE, LTD., a limited partnership, by and through its general partner Motorcity of Jacksonville, Inc., a Florida corporation, David S. Hess, Plaintiffs-Appellants, v. SOUTHEAST BANK N.A., David Feigenbaum, Defendants, Federal Deposit Insurance Corporation, as receiver for Southeast Bank, N.A., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 20, 1997.

Attorney(s) appearing for the Case

Dyanne E. Feinberg, Miami, FL, Kipp A. Coddington, Christopher D. Cerf, Daniel E. Troy, Stephen Goldman, Washington, DC, for Plaintiffs-Appellants.

Julie Feigeles, Miami, FL, S. Alyssa Roberts, James Scott Watson, Washington, DC, for Defendant-Appellee.

Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES.

ANDERSON, Circuit Judge:

I. INTRODUCTION

In this case, appellants Motorcity of Jacksonville, Ltd. and David S. Hess (collectively "Motorcity") contend that the district court erroneously granted a motion to dismiss in favor of appellee Federal Deposit Insurance Corporation ("FDIC") based on the D'Oench doctrine.1 See D'Oench, Duhme & Co., Inc. v. FDIC...

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