Federal Deposit Ins. Corp. v. Rigatti

Full title: FEDERAL DEPOSIT INSURANCE CORPORATION, IN ITS CORPORATE CAPACITY, AND…

Court: United States Court of Appeals, Fifth Circuit

Date published: Oct 18, 1990

911 F.2d 1145 (5th Cir. 1990)

Opinion

No. 89-1730.

September 19, 1990. Rehearing Denied October 18, 1990.

T. Ray Guy, David F. Hunt, Stephen E. Fox, Jenkens Gilchrist, Dallas, Tex., for plaintiffs-appellants.

Bryan H. Hall, Randy Lee, Richard, Lee, Rowley Cobb, El Paso, Tex., for defendant-appellee.

Appeal from the United States District Court for the Western District of Texas; Lucius D. Bunton, Judge.

Before GOLDBERG, GEE and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

The FDIC appeals the district court's grant of summary judgment in favor of Mr. Rigatti. The facts and procedural history involved in this case are fully set forth in FDIC v. Midland West Corporation, 911 F.2d 1141. In light of our opinion in that case, we REVERSE the summary judgment granted to Mr. Rigatti and REMAND this case to the district court for further proceedings.

REVERSED and REMANDED.