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F.D.I.C. v. RBS SECURITIES INC.

Nos. 14-51055, 14-51066.

798 F.3d 244 (2015)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Guaranty Bank, Plaintiff-Appellant v. RBS SECURITIES INCORPORATED, Defendant-Appellee. Federal Deposit Insurance Corporation, as Receiver for Guaranty Bank, Plaintiff-Appellant v. Deutsche Bank Securities, Incorporated; Goldman Sachs & Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 10, 2015.

Attorney(s) appearing for the Case

Jaclyn Chait Taner, James Scott Watson, Esq., Counsel (argued), Federal Deposit Insurance Corporation, Arlington, VA, Guy Michael Hohmann Esq., Ryan Trent Shelton, Austin, TX, for Plaintiff-Appellant.

Noelle M. Reed, Houston, TX, Andrew Tyler Frankel, Esq. (argued), Thomas C. Rice, Simpson, Thacher & Bartlett, L.L.P., New York, N.Y., Lisa A. Paulson, Shannon H. Ratliff, Ratliff Law Firm, Austin, TX, for Defendants-Appellees.

David Charles Frederick, Esq. (argued), William M. Jay, Washington DC, Kathleen Marie Sullivan, Michael John Dell, New York, N.Y., Joshua M. Daniels, Boston, MA, for Amicus Curiae.

Before KING, SMITH, and ELROD, Circuit Judges.

The Federal Deposit Insurance Corporation sued the Defendants-Appellees for securities fraud, alleging that they made false and misleading statements in selling and underwriting residential mortgage backed securities. While the FDIC filed its lawsuit within three years of its appointment as receiver, and therefore within the...

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