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F.D.I.C. v. BENDER

Nos. 96-5126, 96-5137.

127 F.3d 58 (1997)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Madison National Bank, Appellee, v. Morton A. BENDER, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 23, 1997.

Attorney(s) appearing for the Case

Ross D. Cooper, Washington, DC, argued the cause for appellants, with whom Nelson Deckelbaum was on the briefs.

Sharon M. Murphy, Attorney, United States Department of Justice, Washington, DC, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney at the time the brief was filed, Frank W. Hunger, Assistant Attorney General, United States Department of Justice, J. Christopher Kohn, Director, Ruth A. Harvey, Attorney, and J. Scott Watson, Counsel, Federal Deposit Insurance Corporation, were on the brief for appellee.

Before: WALD, WILLIAMS and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

On October 27, 1994, the district court granted summary judgment to the Federal Deposit Insurance Corporation ("FDIC") in its action against Van Dorn Retail Management, Inc. ("Van Dorn Retail") to recover the amounts due on several promissory notes, including attorneys' fees of 15 percent of the outstanding balance as provided in the notes. See FDIC v. Bender, Civ. No. 93-0864 ...

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