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VICTOR HOTEL CORP. v. FCA MORTG. CORP.

No. 90-5124.

928 F.2d 1077 (1991)

VICTOR HOTEL CORP., Cardozo Hotel Corp., Senator Hotel Corp., Carlyle Hotel Corp. and The Royale Group, Ltd., Plaintiffs-Counterclaim Defendants-Appellants, v. FCA MORTGAGE CORP., Defendant-Counterclaim Plaintiff-Appellee. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Defendant, v. ART DECO HOTEL CORP., et al., Counterclaim Defendant. Ocean Properties of Delaware, Deco Management Service Corp. and Global Financial Corp., Counterclaim Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied June 5, 1991.

Attorney(s) appearing for the Case

Barry Richard, Tallahassee, Fla., for Victor Hotel, Cardozo Hotel, Senator Hotel, Carlyle Hotel and the Royale Group.

Richard & Richard, Dennis Alan Richard, Miami, Fla., for Ocean, Global and Deco.

William C. Crenshaw, Valdes-Fauli, Cobb, Petrey & Bischoff, P.A., Miami, Fla., for FCA Mortg.

Before HATCHETT and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

HATCHETT, Circuit Judge:

In this case, we examine the scope of the doctrine enunciated in D'Oench, Duhme and Co. v. FDIC, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956 (1942), and affirm the district court concluding that D'Oench and its progeny effectively bar the claims and defenses presented.

FACTS

In June, 1984, FCA Mortgage Corporation (FCA) agreed to make a $13,500,000 mortgage loan to Victor Hotel Corporation...

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