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FEDERAL DEPOSIT INSURANCE CORP. v. BARTON

No. 99-31123.

233 F.3d 859 (2000)

FEDERAL DEPOSIT INSURANCE CORPORATION, As Manager of the Federal Savings and Loan Insurance Corporation Resolution Fund, Plaintiff-Appellant, v. Gerald C. BARTON, et al., Defendants, Gerald C. Barton; William W. Vaughan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 15, 2000.

Attorney(s) appearing for the Case

James A. Brown (argued), George W. Denegre, Jr., Shannon S. Holtzman, Liskow & Lewis, New Orleans, LA, Robert DeHenzel, FDIC, Washington, DC, for Plaintiff-Appellant.

Roy C. Cheatwood (argued), Kent Andrew Lambert, Phelps Dunbar, New Orleans, LA, Richard L. Tapp, Jr., Nexsen, Pruet, Jacobs, Pollard & Robinson, Charleston, SC, for Defendants-Appellees.

Before WOOD, DAVIS, and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For the wrongful bankruptcy claim at hand, primarily at issue is the burden of proof for causation and damages. The Federal Deposit Insurance Corporation contests the summary judgment awarded Appellees. We VACATE and REMAND.

I.

Appellees Gerald C. Barton and William W. Vaughan are former officers and directors of the Oak Tree Savings Bank, S.S.B., a Louisiana-chartered savings bank. For its wrongful bankruptcy...

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