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WESTBERG v. F.D.I.C.

No. 13-5080.

741 F.3d 1301 (2014)

Kim S. WESTBERG, Husband, and Laverne V. Westberg, Wife, Appellants v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for and on Behalf of Silver State Bank, and Multibank 2009-1 Res-Adc Venture, LLC, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 2014.

Attorney(s) appearing for the Case

Christopher Alan LaVoy argued the cause for the appellants.

Kathleen V. Gunning , Counsel, Federal Deposit Insurance Corporation, argued the cause for the appellees. Colleen J. Boles , Assistant General Counsel, Kathryn R. Norcross , Senior Counsel, John B. Isbister and Jaime W. Luse were on brief.

Before: HENDERSON, BROWN and GRIFFITH, Circuit Judges.

KAREN LECRAFT HENDERSON, Circuit Judge:

In May 2008, Kim and Laverne Westberg (Westbergs) obtained a residential construction loan from Silver State Bank (Silver State), located in Henderson, Nevada. Silver State collapsed shortly thereafter and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. The FDIC repudiated the loan agreement but notified the Westbergs that they were obligated to continue making payments on the portion of the loan...

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