BANK OF MANHATTAN, N.A. v. F.D.I.C.

No. 12-56737.

778 F.3d 1133 (2015)

BANK OF MANHATTAN, N.A., Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as Receiver for First Heritage Bank, N.A., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2015.


Attorney(s) appearing for the Case

J. Scott Watson , Federal Deposit Insurance Corporation, Arlington, VA, argued the cause on behalf of Defendant-Appellant. Minodora D. Vancea , Federal Deposit Insurance Corporation, Arlington, VA, filed the opening and reply briefs. With her on the opening brief were Watson, Colleen J. Boles , and Lawrence H. Richmond , Federal Deposit Insurance Corporation, Arlington, VA. With her on the reply brief were Boles, Watson, and Kathryn R. Norcross , Federal Deposit Insurance Corporation, Arlington, VA.

Richard W. Esterkin , Morgan, Lewis & Bockius LLP, Los Angeles, CA, argued the cause and filed the brief on behalf of Plaintiff-Appellee.

Opinion by Judge O'Scannlain; Dissent by Judge Rawlinson.


OPINION

We must decide whether the Federal Deposit Insurance Corporation, in its role of receiver of a closed bank, may breach underlying asset contractual obligations without consequence.

I

A

In December 2007, Professional Business Bank...

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