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McCAUGHERTY v. SIFFERMANN

No. C-88-2747 EFL.

772 F.Supp. 1128 (1991)

Theodore L. McCAUGHERTY, Stephen P. Troner, Paul H. Pfleger, and Dale S. Ackerman, general partners of Highland Acquisitions Limited Partnership, a Washington limited partnership, Plaintiffs, v. Thomas C. SIFFERMANN and Jane Doe Siffermann, his wife, and the marital community composed thereof; Federal Deposit Insurance Corporation as Manager for Federal Savings and Loan Insurance Corporation Resolution Fund as successor in interest to FSLIC as Receiver for Farmers Savings, a federal savings and loan association, Defendants.

United States District Court, N.D. California.

August 30, 1991.

Attorney(s) appearing for the Case

Kim D. Stephens, Tousley Brain, Seattle, Wash., John Stewart, Carroll, Burdick & McDonough, San Francisco, Cal., for plaintiffs.

Douglas G. Matsui, Urland, Morello, Dunn & Maynard, Santa Ana, Cal., for defendant and counter-claimant Thomas C. Siffermann.

Robert B. Kaplan, Frandzel & Share, San Francisco, Cal., for defendant and counter-claimant Federal Deposit Ins. Corp.

Paul L. Perito, Washington, Perito & Dubuc, Washington, D.C., Robert A. Goodin, Armour, Goodin, Schlotz, & MacBride, San Francisco, Cal., for defendant and counter-claimant Resolution Trust Corp.

MEMORANDUM OPINION

LYNCH, District Judge.

I. SUMMARY

This case involves the issue of whether affirmative causes of action against the Federal Deposit Insurance Corporation-Receiver, based upon misrepresentations by a federal savings and loan association, or its representatives, in connection with the execution of a stock purchase agreement, are barred by the D'Oench doctrine and related Title 12 provisions, 12 U.S.C. section 1821(d)(9)(A...

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