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IN RE FRANKLIN SAVINGS CORP.

No. 03-3239.

385 F.3d 1279 (2004)

In re: FRANKLIN SAVINGS CORPORATION, Debtor. Franklin Savings Corporation; Franklin Savings Association, Plaintiffs-Appellants, v. United States of America; Federal Deposit Insurance Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 7, 2004.

Attorney(s) appearing for the Case

Jonathan A. Margolies of McDowell, Rice, Smith & Buchanan, Kansas City, MO, for Plaintiffs-Appellants.

Peter D. Keisler, Assistant Attorney General, Eric F. Melgren, United States Attorney, and Christopher Allman, Assistant United States Attorney, Kansas City, KS, and Mark B. Stern and Dana J. Martin, Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Defendants-Appellees.

Before TACHA, Chief Judge, MURPHY, Circuit Judge, and CAUTHRON, Chief District Judge.

MURPHY, Circuit Judge.

Franklin Savings Association (FSA), formerly a state chartered savings and loan association, and its parent, debtor Franklin Savings Corporation (FSC), a Kansas corporation, (collectively, Franklin), appeal the dismissal of their adversary complaint against the United States and the Federal Deposit Insurance Corporation (FDIC). This is the latest in a long string of lawsuits Franklin has brought against the government asserting claims in connection...

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