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AVIVA LIFE & ANNUITY CO. v. F.D.I.C.

No. 10-3163.

654 F.3d 1129 (2011)

AVIVA LIFE & ANNUITY COMPANY; American Investors Life Insurance Company, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 16, 2011.

Attorney(s) appearing for the Case

Jodi M. Hoss ( Bruce E. Baty , with her on the briefs), SNR Denton US LLP, Kansas City, MO, for Plaintiffs-Appellants.

Minodora D. Vancea , Counsel, Federal Deposit Insurance Corporation, Arlington, VA ( Barry R. Grissom , United States Attorney, and Jackie A. Rapstine , Assistant United States Attorney, District of Kansas, Department of Justice, Topeka, KS; Colleen J. Boles , Assistant General Counsel, and Lawrence H. Richmond , Senior Counsel, Federal Deposit Insurance Corporation, Arlington, VA, with her on the brief), for Defendant-Appellee.

Before MURPHY, McKAY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

Aviva Life & Annuity Company and American Investors Life Insurance Company (together, "Plaintiffs") contend the Federal Deposit Insurance Corporation ("FDIC") acted in an arbitrary and capricious manner in rendering insurance determinations concerning certain of Plaintiffs' bank deposit accounts. They appeal from the district court's order upholding the FDIC's determinations. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this...

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