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F.D.I.C. v. MAHONEY

No. 97-55300.

141 F.3d 913 (1998)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for HomeFed Bank, F.S.B., Plaintiff-Appellee, v. EDWARD POST MAHONEY; Jennifer Mahoney; Patricia Gomez; San Diego Trust & Savings Bank; Ralph Curren, Conservator of the Estate of Edward H. Post, Jr.; B. Franklin Mahoney, Jr., deceased; Edward H. Post, Jr.; San Diego Trust and Savings Bank as Co-Trustees under the will of Edward H. Post Jr., deceased and under the decree of distribution entered March 13, 1962; Danielson Trust Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1998.

Attorney(s) appearing for the Case

Thomas W. Bettles, Post, Kirby, Noonan & Sweat, San Diego, California, for defendant-appellant.

Steven C. Morrison, Morrison & Lespier, L.L.P., Irvine, California, Christopher J. Bellotto, Federal Deposit Insurance Corporation, Washington, DC, for plaintiff-appellee.

Before: PREGERSON, HALL and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Edward Post Mahoney and the other named defendants (the defendants) appeal the judgment on the pleadings given by the district court in favor of the Federal Deposit Insurance Corporation (the FDIC) in its suit for declaratory relief and conversion. The case depends upon the statutory powers of the FDIC as receiver, 12 U.S.C. § 1821(e)(1) and (4), and upon the value to the defendants of the building in dispute according to the lease attached...

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