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LEXON INS. CO., INC. v. FEDERAL DEPOSIT INS. CORP.

No. 20-30173.

7 F.4th 315 (2021)

LEXON INSURANCE COMPANY, INCORPORATED, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for First NBC Bank, New Orleans, LA; United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed August 2, 2021.

Attorney(s) appearing for the Case

Jason Marechal Cerise , Omer F. Kuebel, III , Locke Lord, L.L.P., New Orleans, LA, Dale Worrall , Harris Beach, P.L.L.C., Rochester, NY, Kyle D. Gooch , Harris Beach, P.L.L.C., Pittsford, NY, for Plaintiff-Appellant.

Joseph Brooks , Federal Deposit Insurance Corporation, Appellate Litigation Unit-Legal Division, Arlington, VA, James M. Garner, Esq. , Jacob Albert Airey , Sher Garner Cahill Richter Klein & Hilbert, L.L.C., New Orleans, LA, for Defendant-Appellee Federal Deposit Insurance Corporation.

Peter M. Mansfield , Assistant U.S. Attorney, Kevin G. Boitmann , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellee United States of America.

Before Elrod, Duncan, and Wilson, Circuit Judges.

Lexon Insurance Company appeals the district court's grant of summary judgment to the Federal Deposit Insurance Corporation in its Receiver capacity (the FDIC-R) and argues that the FDIC-R improperly repudiated two letters of credit. Lexon also appeals the district court's Rule 12(b)(1) dismissal of its Federal...

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