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BANK OF AMERICA NAT. ASS'N v. COLONIAL BANK

Nos. 09-14739, 09-14844.

604 F.3d 1239 (2010)

BANK OF AMERICA NATIONAL ASSOCIATION, Plaintiff-Appellee, v. COLONIAL BANK, et al., Defendants, Federal Deposit Insurance Corporation, Defendant-Appellant. In Re: FDIC, Petitioner.

United States Court of Appeals, Eleventh Circuit.

April 26, 2010.

Attorney(s) appearing for the Case

J. Scott Watson, FDIC, Arlington, VA, Jose I. Rojas, Rojas Law Firm, LLP, Miami, FL, for FDIC.

Martin Leonard Steinberg, Patricia Acosta, Jamie Zysk Isani, Hunton & Williams, LLP, Miami, FL, Frank E. Emory, Jr., Patrick L. Robson, James D. Humphries, IV, Hunton & Williams, Charlotte, NC, for Bank of America Nat. Ass'n.

Before O'CONNOR, Associate Justice Retired, and CARNES and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

This case arises from the collapse of Colonial Bank ("Colonial"), the fifth-largest bank failure in the near 77-year history of the Federal Deposit Insurance Corporation ("FDIC"). Bank of America, N.A. ("Bank of America"), brought this action against Colonial, alleging it wrongfully refused to return thousands of mortgage loans and their proceeds, valued in excess of $1 billion, to which Bank of...

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