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F.D.I.C. v. BENDER

Nos. 98-5458, 98-5459.

182 F.3d 1 (1999)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Madison National Bank, Appellee, v. Morton A. BENDER, et al., Appellees/Appellants, Van Dorn Retail Management, Inc., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 1999.

Attorney(s) appearing for the Case

Nelson Deckelbaum, with whom Stephen W. Nichols was on the briefs, argued the cause for Morton A. Bender, et al., appellants in No. 98-5459.

Francis P. Dicello, with whom Robert M. Marino was on the brief, argued the cause for Van Dorn Retail Management, Inc., appellant in No. 98-5458.

Mary R. Bohan, Trial Attorney, U.S. Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, Wilma A. Lewis, United States Attorney, J. Christopher Kohn, Director, and Ruth A. Harvey, Attorney, U.S. Department of Justice, and J. Scott Watson, Counsel, Federal Deposit Insurance Corporation, were on the brief, argued the cause for appellee FDIC.

Before EDWARDS, Chief Judge, GARLAND, Circuit Judge, and BUCKLEY, Senior Circuit Judge.

Opinion for the court filed by Senior Judge BUCKLEY.

BUCKLEY, Senior Judge:

Appellants are Morton A. Bender, his children, the personal representatives of the estate of a deceased child, and N Street Follies Limited Partnership (collectively, "Benders") and Van Dorn Retail Management, Inc. ("Van Dorn Retail"). They appeal the district court's award of attorneys' fees to the Federal Deposit Insurance Corporation ("FDIC"), in its capacity as receiver for Madison...

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