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F.D.I.C. v. MAXXAM, INC.

No. 05-20808.

529 F.3d 667 (2008)

FEDERAL DEPOSIT INSURANCE CORP., As manager of the FSLIC Resolution Fund, Plaintiff-Appellant, v. MAXXAM, INC., Intervenor Plaintiff-Appellee, v. Charles E. Hurwitz; et al., Defendants, Charles E, Hurwitz, Defendant-Appellee, Federated Development Co., Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 2, 2008.

Attorney(s) appearing for the Case

Frank Thomas Hecht, Kathleen Holper Champagne, Ungaretti & Harris, Chicago, IL, James A. Brown, Gene W. Lafitte, Sr. (argued), Liskow & Lewis, New Orleans, LA, Colleen J. Boles, FDIC, Jonathan Goldman Cedarbaum, Kelley Brooke Snyder, Randolph Moss, Paul R. Wolfson, WilmerHale, Washington, DC, Lawrence H. Richmond, FDIC, App. Lit. Unit-Legal Div., Arlington, VA, for FDIC.

David J. Beck (argued), Russell Stanley Post, Beck, Redden & Secrest, Stephen D. Susman, Susman Godfrey, Jacks C. Nickens, Nickens, Keeton, Lawless, Farrell & Flack, Houston, TX, Gregory P. Joseph, Gregory P. Joseph Law Offices, LLC, New York City, for all Appellees.

Before HIGGINBOTHAM, GARZA and BENAVIDES, Circuit Judges.

PER CURIAM:

I

Treating the Petition for Rehearing En Banc of appellees, Federated Development Co., Charles E. Hurwitz, and Maxxam Inc., as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc (Fed. R.App. P. and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED.

II

The...

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