F.D.I.C. v. SCHUCHMANN

No. 99-2085.

235 F.3d 1217 (2000)

FEDERAL DEPOSIT INSURANCE CORPORATION, as successor to the Resolution Trust Corporation, as receiver for First American Savings Bank, Plaintiff-Appellant, v. Bernard SCHUCHMANN, Defendant-Appellee, and Tara Schuchmann, Defendant.

United States Court of Appeals, Tenth Circuit.

December 19, 2000.


Attorney(s) appearing for the Case

F. Thomas Hecht, Hopkins & Sutter, Chicago, IL, (Claudette P. Miller, Hopkins & Sutter, Chicago, IL; Ann S. DuRoss, Assistant General Counsel, Robert D. McGillicuddy, Senior Counsel, and J. Scott Watson, Counsel, Federal Deposit Insurance Corporation, Washington, DC, with him on the briefs) for the appellant.

Alice T. Lorenz, Miller, Stratvert & Torgerson, Albuquerque, NM, (Douglas P. Lobel and John M. Lambros, Kelley, Drye & Warren, LLP, Washington, DC, with him on the brief) for the appellee.

Before ANDERSON, BRORBY and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Resolution Trust Corporation ("RTC"), succeeded by the Federal Deposit Insurance Corporation ("FDIC"), brought suit against Bernard Schuchmann alleging state common law claims for breach of fiduciary duty, gross negligence, and negligence for his role in various transactions while chairman of the board and controlling shareholder of First American Savings Bank ("First American"). Following trial, a jury entered a verdict for Schuchmann on all...

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