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FERGUSON v. F.D.I.C

Nos. 97-10315, 97-10624.

164 F.3d 894 (1999)

Searcy M. FERGUSON, Jr., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Etc., et al., Defendants, Federal Deposit Insurance Corporation, in its Corporate capacity as Liquidator of the Union Bank & Trust, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 8, 1999.

Attorney(s) appearing for the Case

Marshall M. Searcy, Robert Lawrence Chaiken, Gregory Steven Gober, Kelly, Hart & Hallman, Fort Worth, TX, for Plaintiff-Appellant.

Karen Anne Caplan, FDIC, Washington, DC, Richard E. Anderson, Andrew Franklin Emerson, Richard Jaramullo & Associates, Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judges:

As Appellant Searcy M. Ferguson, Jr. conceded at oral argument for this appeal, the disposition of this case hinges on the following issue: whether the agents of the Federal Deposit Insurance Corporation dealing with Ferguson had authority to enter into a global settlement of his indebtedness on numerous promissory notes. We AFFIRM.

I.

During the 1980s, Ferguson was a shareholder and officer of...

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