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CASTLEBERRY v. GOLDOME CREDIT CORP.

No. 03-12484.

418 F.3d 1267 (2005)

William CASTLEBERRY, Gladdean Castleberry, Plaintiffs, v. GOLDOME CREDIT CORPORATION, Defendant-Cross-Defendant-Appellant, Daiwa Finance Corporation, Defendant-Cross-Claimant-Appellee, Daiwa Mortgage Acceptance Corporation, Daiwa America Corporation, Daiwa Securities America, Inc., et al., Defendants, Federal Deposit Insurance Corporation, in its individual corporate capacity and in its capacity as receiver of Goldome FSB, Cross-Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 8, 2005.

Attorney(s) appearing for the Case

James N. Walter, Jr., Montgomery, AL, Jaclyn C. Taner, Kathleen V. Gunning, Ashley Doherty, FDIC, App. Lit. Section, Washington, DC, for Goldome Credit Corp. and FDIC.

William H. Hardie, Jr., Johnstone, Adams, Bailey, Gordon & Harris, Mobile, AL, Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, P.C., Montgomery, AL, for Daiwa Finance Corp.

Before BIRCH, KRAVITCH and GIBSON, Circuit Judges.

GIBSON, Circuit Judge:

Goldome Credit Corporation and the FDIC appeal from the district court's order holding them liable to indemnify Daiwa Finance Corporation for its attorneys' fees incurred in defending itself against the claims in Castleberry v. Goldome Credit Corp., 969 F.Supp. 705 (M.D.Ala.1997).1 Daiwa's indemnity claim against Goldome was based on a loan portfolio sale agreement in...

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