F.D.I.C. v. FIRST HEIGHTS BANK, FSB

No. 99-1355.

229 F.3d 528 (2000)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee, v. FIRST HEIGHTS BANK, FSB; Pulte Diversified Companies, Inc.; Pulte Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 12, 2000.


Attorney(s) appearing for the Case

ARGUED: John G. Roberts, Jr., HOGAN & HARTSON, Washington, D.C., for Appellants. Kirk K. Van Tine, BAKER & BOTTS, Washington, D.C., for Appellee.

ON BRIEF: John G. Roberts, Jr., HOGAN & HARTSON, Washington, D.C., Norman C. Ankers (briefed), Robert M. Jackson (briefed), Raymond M. Kethledge (briefed), Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, John G. Roberts, Jr. (argued and briefed), Hogan & Hartson, Washington, D.C., Stephen F. Wasinger (briefed), Wasinger, Kickham & Kohls, Royal Oak, Michigan, for Defendants-Appellants.

Kirk K. Van Tine, David A. Super, Kelly R. Donovan, BAKER & BOTTS, Washington, D.C., Jaclyn C. Taner (briefed), Federal Deposit Insurance Corporation, Washington, D.C., Kirk K. Van Tine (argued and briefed), David A. Super (briefed), Kelly R. Donovan (briefed), Baker & Botts, Washington, D.C., Kathryn R. Norcross (briefed), Washington, D.C., Richard C. Sanders, Clark Hill, Detroit, Michigan, for Plaintiff-Appellee.

Before: MARTIN, Chief Judge; MERRITT and SILER, Circuit Judges.


OPINION

BOYCE F. MARTIN, Jr., Chief Judge.

The Federal Deposit Insurance Corporation (FDIC) initiated this litigation in 1995, alleging breach by the Pulte Corporation, Pulte Diversified Companies, Inc., and First Heights Bank (whom we will refer to collectively as the Pulte Group1) of the Assistance Agreement and subsequent contracts governing the acquisition of failed thrifts during the savings and loan crisis of the 1980s...

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