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COMMERCIAL SERVICES OF PERRY, INC. v. F.D.I.C.

No. 99-60076.

199 F.3d 778 (2000)

COMMERCIAL SERVICES OF PERRY, INC., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 17, 2000.

Attorney(s) appearing for the Case

Dewitt T. Hicks, Jr. (argued), Perrin Nelson Smith, Jr., Gholson, Hicks & Nichols, Columbus, MS, for Plaintiff-Appellant.

Gregory Evan Gore (argued), FDIC, Washington, DC, for Defendant-Appellee.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and FALLON, District Judge.

JERRY E. SMITH, Circuit Judge:

Commercial Services of Perry, Inc. ("CSP"), sued the Federal Deposit Insurance Corporation ("FDIC"), claiming the FDIC had sold, for its own profit, lands held pursuant to two deeds of trust that the FDIC had previously sold to CSP. Thus, CSP claims, the proceeds of that sale inure to it. The FDIC asserts that the deeds of trust had been fore closed on while the FDIC continued to hold it, and thus that the sale of assets to CSP did not...

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