BAUER v. F.D.I.C.

No. 20-5314 Consolidated with 20-5315, 20-5322.

38 F.4th 1114 (2022)

F. Scott BAUER and Jeffrey T. Clark, Appellees v. FEDERAL DEPOSIT INSURANCE CORPORATION, Appellant. Southern Community Financial Corporation, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 2022.


Attorney(s) appearing for the Case

Duncan N. Stevens , Counsel, Federal Deposit Insurance Corporation, argued the cause for appellant. With him on the briefs were J. Scott Watson , Senior Counsel, Paul K. Sun, Jr. , Curtis J. Shipley , and Kelly Margolis Dagger .

Christopher T. Graebe argued the cause and filed the briefs for appellees F. Scott Bauer and Jeffrey T. Clark.

Adam L. Sorensen argued the cause as amicus curiae in support of the District Court's Order. With him on the brief was Joseph R. Palmore , appointed by the court.

Before: Millett and Katsas, Circuit Judges, and Randolph, Senior Circuit Judge.


In the wake of a proposed merger, two high-level bank executives, F. Scott Bauer and Jeffrey T. Clark, were fired because they refused to accept a reduction in the amount of a payment that had been contractually provided for them if control of the bank changed hands. Bauer and Clark filed suit in state court against the bank...

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