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SWEET JAN JOINT VENTURE v. F.D.I.C.

Civ. A. No. CA3-89-1757-D.

809 F.Supp. 1246 (1992)

SWEET JAN JOINT VENTURE, et al., Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Sunbelt Savings Association of Texas; Federal Deposit Insurance Corporation, as Manager of the FSLIC Resolution Fund, Successor to FSLIC in its Corporate Capacity; and Sunbelt Savings, FSB, Defendants.

United States District Court, N.D. Texas, Dallas Division.

June 24, 1992.

Attorney(s) appearing for the Case

Alan S. Loewinsohn and Gary D. Eisenstat of Figari & Davenport, L.L.P., Dallas, TX, for plaintiffs.

Charles I. Appler and Curtis L. Marsh of Hopkins & Sutter, Dallas, TX, for defendant F.D.I.C.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

The instant motion for partial summary judgment presents questions concerning whether a transfer of notes was fraudulent and whether the D'Oench, Duhme estoppel rule precludes an offset claim. For the reasons that follow, the court grants in part and denies in part the motion.

I

Plaintiffs are one joint venture, ten individuals, two corporations, and one general partnership...

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