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· 4/30/1982

Fed. Sec. L. Rep. P 98,654 William L. Gunter and Camille S. Gunter v. Theodore M. Hutcheson

Citations

  • 674 F.2d 862
  • 1982 U.S. App. LEXIS 19647

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying the Kimbell Foods test for adoption of federal common law rule
  • principal justification for federal common law rule was that its absence would \make the FDIC's task of executing its statutory mandate ... nearly impossible\
  • FDIC takes free of defense of fraud in the inducement as a matter of federal common law
  • discussion of speed with which transactions must be consummated to prevent halt of banking services and loss of confidence in the banking industry
  • principal justification for federal common law rule was that its absence would “make the FDIC’s task of executing its statutory mandate ... nearly impossible”
  • “The Gunters, therefore, are in no worse position under a federal rule protecting the FDIC than they would have been had [the bank] transferred the note to another banking institution in the ordinary course of business.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Henderson, Kravitch, Morgan

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Sourced from CourtListener / Free Law Project (CC0).

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