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DEUTSCHE BANK NAT. TRUST CO. v. F.D.I.C.

No. 12-5170.

717 F.3d 189 (2013)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the Trusts, Appellee Anchorage Capital Group, L.L.C., et al., Appellants v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its Capacity as Receiver of Washington Mutual Bank, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 21, 2013.

Attorney(s) appearing for the Case

William W. Taylor III argued the cause for appellants. With him on the briefs were Shawn P. Naunton and Thomas P. Vartanian .

Jerome A. Madden , Counsel, Federal Deposit Insurance Corporation, argued the cause for appellees FDIC-Receiver. With him on the brief were Kathryn R. Norcross , Acting Assistant General Counsel, and Lawrence H. Richmond , Senior Counsel. Colleen J. Boles , Assistant General Counsel, Federal Deposit Insurance Corporation, Scott H. Christensen , and Robert L. Shapiro entered appearances.

Brent J. McIntosh argued the cause for appellees JP Morgan Chase Bank, et al. With him on the brief was Robert A. Sacks .

Talcott J. Franklin and Dennis C. Taylor were on the brief for appellee Deutsche Bank National Trust Company, as Trustee for the Trusts. Tanya S. Chutkan entered an appearance.

Concurring opinion filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Appellants, holders of senior notes issued by Washington Mutual — a failed bank — sought to intervene in litigation between Deutsche Bank, the FDIC (Washington Mutual's receiver), and J.P. Morgan Chase. The district court denied intervention under Rule 24 of the Federal Rules of Civil Procedure. We affirm, but conclude that the appellants lack standing.

I

Prior to its collapse, Washington Mutual was...

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