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IN RE F & T CONTRACTORS, INC.

No. 82-1275.

718 F.2d 171 (1983)

In re F & T CONTRACTORS, INC., Debtor. FEDERAL DEPOSIT INSURANCE CORPORATION, A Corporation organized and existing under the laws of the United States of America, Plaintiff and Counter-Defendant-Appellant, v. David CUVRELL, Receiver/Trustee of F & T Contractors, Inc., F & T Contractors, Inc., Bankrupt, and F & T Investment & Leasing Company, a Michigan Co-Partnership, Defendants and Counter-Plaintiffs-Appellees, and Federal Deposit Insurance Corporation, in its capacity as Receiver of the Northern Ohio Bank, Counter-Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1983.

Attorney(s) appearing for the Case

Larry E. Powe, argued, Freeman, McKenzie, Matthews, Scherer & Stepek, Mount Clemens, Mich., for plaintiff and counter-defendant-appellant.

Dennis M. Haley, argued, Winegarden, Booth, Shedd, Haley & Lindholm, Flint, Mich., for defendants and counter-plaintiffs-appellees.

Before MARTIN, Circuit Judge, PHILLIPS and PECK, Senior Circuit Judges.

PHILLIPS, Senior Circuit Judge.

This appeal involves a complex contractual dispute between the Federal Deposit Insurance Corporation and F & T Contractors, Inc., a bankrupt Michigan Corporation.

The FDIC is before the court in two capacities: (1) as an insurer of bank depositors (FDIC-corporation); and (2) as receiver of the insolvent Northern Ohio Bank, a State bank (FDIC-receiver). The FDIC was appointed receiver in the insolvency proceedings filed in...

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