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FEDERAL DEPOSIT INS. CORPORATION v. ALKER

No. 8805.

164 F.2d 469 (1947)

FEDERAL DEPOSIT INS. CORPORATION v. ALKER et al.

Circuit Court of Appeals, Third Circuit.

Decided November 25, 1947.

Attorney(s) appearing for the Case

Robert T. McCracken, of Philadelphia, Pa., for appellants.

Allen S. Olmsted, of Philadelphia, Pa., for Federal Deposit Ins. Corporation.

Before BIGGS, McLAUGHLIN, and O'CONNELL, Circuit Judges.

PER CURIAM.

We have considered this case three times. We held upon the original argument that the petitioners-appellants, Alker and DuBan, were not entitled to assert against FDIC as a defense in the suit to recover a deficiency judgment against Alker an alleged oral contract to forego foreclosure on collateral securing a note. See 3 Cir., 151 F.2d 907. Our decision was based primarily upon...

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