F.D.I.C. v. OLDENBURG

Nos. 91-4093, 91-4095 and 91-4137.

34 F.3d 1529 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as Manager of the FSLIC Resolution Fund, statutory successor to FSLIC in its corporate capacity, Plaintiff-Appellee, v. J. William OLDENBURG, Investment Mortgage International, Inc., Empire State West, Landfund, Ltd., James W. Rossetti, Martin L. Mandel, Charles H. Burgardt, Defendants, and MGIC Indemnity Corporation, American Casualty Insurance Company of Reading, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 2, 1994.


Attorney(s) appearing for the Case

Louis C. Roberts (Leonard S. Surdyk, with him on the briefs), Peterson & Ross, Chicago, IL, for MGIC Indem. Corp. and American Cas. Co. of Reading, Pennsylvania, defendants-appellants.

David W. Alexander (John R. Gall and Philomena M. Dane, Squire, Sanders & Dempsey, Columbus, OH, and Herschel J. Saperstein, Watkiss & Saperstein, Salt Lake City, UT, with him on the briefs), Squire, Sanders & Dempsey, Columbus, OH, for F.D.I.C., plaintiff-appellee.

Before SEYMOUR, Chief Judge, RONEY, and LOGAN, Circuit Judges.


SEYMOUR, Chief Judge.

The Federal Deposit Insurance Corporation (FDIC), acting in its corporate capacity,1 sued certain former officers and directors of the State Savings & Loan Association of Salt Lake City, Utah (State Savings) for fraud and negligence. It also sued to recover under two separate savings and loan blanket bonds issued to State Savings. This appeal involves only the two blanket bonds. The district court issued a series...

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