Opinion

William C. Davidson v. Federal Deposit Insurance Corporation as Receiver for United Bank of Texas, Defendant-Intervenor-Appellee

  • 44 F.3d 246
  • 1995 U.S. App. LEXIS 3467
Court
Court of Appeals for the Fifth Circuit
Filed
Feb 22, 1995
Status
Published
On the bench
Garwood, Garza, Head
Cited by
28 cases
Authority
More cited than 25.9%

relying on O'Melveny and holding that where no federal limitations provision applied to mortgage foreclosures before enactment of FIRREA, deed of trust held by FDIC as receiver for failed bank was subject to state statute of limitations from time cause of action accrued until enactment of FIRREA

How later courts described this case

  • relying on O'Melveny and holding that where no federal limitations provision applied to mortgage foreclosures before enactment of FIRREA, deed of trust held by FDIC as receiver for failed bank was subject to state statute of limitations from time cause of action accrued until enactment of FIRREA
  • holding that the objective of “reducing] the monetary ex *1029 posure of the federal deposit insurance fund” is insufficient to preempt Texas foreclosure laws
  • holding that even the objective of “reduc[ing] the monetary exposure of the federal deposit insurance fund” is insufficient to preempt Texas foreclosure laws
  • finding that FDIC could not prevail on the ground that there was a federal interest in “simply not depleting the deposit insurance fund”

Written by the judges who cited it.

The opinion

*256

ON PETITION FOR REHEARING

Feb. 22, 1995

(Opinion 5th Cir., 1995, 44 F.3d 246 )

Before GARWOOD and EMILIO M. GARZA, Circuit Judges, and HEAD, District Judge.

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above ease is DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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