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F.D.I.C. v. JEFF MILLER STABLES

No. 07-4436.

573 F.3d 289 (2009)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee, v. JEFF MILLER STABLES, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Catherine H. Killam, McHugh & McCarthy, Sylvania, Ohio, for Appellants. Jaclyn C. Taner, Federal Deposit Insurance Corporation, Arlington, Virginia, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which GILMAN, J., joined. GILMAN, J. (pp. 301-04), delivered a separate concurring opinion. KENNEDY, J. (pp. 304-09), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Jeff and Lori Miller, husband and wife ("Jeff" and "Lori" or "the Millers"), along with their horse-racing operation Jeff Miller Stables and its predecessor in interest Miller Brothers Stables, appeal from the order of the district court requiring them to pay more than $2 million in restitution to the Federal Deposit Insurance Corporation ("FDIC") in its role as receiver for the failed Oakwood Deposit Bank Company...

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