F.D.I.C. v. SCHUCHMANN

No. 01-2003.

319 F.3d 1247 (2003)

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

United States Court of Appeals, Tenth Circuit.

February 18, 2003.


Attorney(s) appearing for the Case

Lawrence H. Richmond, Counsel, Federal Deposit Insurance Corporation, (Ann S. DuRoss, Assistant General Counsel, and Colleen J. Boles, Senior Counsel, Federal Deposit Insurance Corporation, Washington, DC; F. Thomas Hecht and Claudette P. Miller, Ungaretti & Harris, Chicago, IL, with him on the briefs), for the Plaintiff-Appellant.

Douglas P. Lobel, Kelley Drye & Warren LLP, (Alice Tomlinson Lorenz, Miller, Stratvert & Torgerson, P.A., Albuquerque, New Mexico; Joseph F. Yenouskas, Kelley Drye & Warren LLP, Washington, DC, with him on the brief), for the Defendant-Appellee.

Before BRISCOE, ANDERSON, and LUCERO, Circuit Judges.


BRISCOE, Circuit Judge.

Federal Deposit Insurance Corporation (FDIC) appeals the district court's award of attorney fees and costs to defendant Tara Schuchmann.1 We exercise jurisdiction pursuant to 28 U.S.C. § 1291, and reverse and remand with directions to vacate the judgment appealed.

I.

In 1985, a group of investors led by defendant's spouse, Bernard Schuchmann, acquired First American Savings Bank. In 1986,...

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