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F.D.I.C. v. SCOTT

No. 96-60596.

125 F.3d 254 (1997)

FEDERAL DEPOSIT INSURANCE CORPORATION, As Manager of the FSLIC Resolution Fund, Plaintiff-Counter Defendant-Appellant, v. Tom B. SCOTT, Jr., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 1, 1997.

Attorney(s) appearing for the Case

James Scott Watson, Daniel Glenn Lonergan, Mitchell E.F. Plave, Federal Deposit Insurance Corporation, Legal Division, Washington, DC, for Plaintiff-Counter Defendant-Appellant.

Jack F. Dunbar, John Hand Dunbar, Robert Bradley Best, Holcomb, Dunbar, Connell, Chaffin & Willard, Oxford, MS, for Defendant-Counter Claimant-Appellee.

Before HIGGINBOTHAM, DUHÉ and WIENER, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Federal Deposit Insurance Corporation appeals summary judgment granted to Tom Scott, Jr., on his indemnification claim against the FDIC. We find that the district court lacked jurisdiction over Scott's counterclaim because he failed to exhaust his administrative remedies with the FDIC, as required by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

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