In an action by the FDIC, acting as receiver of a partnership, seeking disgorgement of embezzled funds from defendants, summary judgment for plaintiff is affirmed where: 1) the district court was not required to draw an inference that a convicted felon had lied in his affidavit; 2) defendants failed to present evidence that the transaction at issue was a loan; and 3) the district court did not err under Ohio law in its calculation of the appropriate amount of damages owed to the FDIC.
Read FDIC v. Stables, No. 07-4436
Appellate Information
Submitted: August 1, 2008
Decided and Filed: July 23, 2009
Judges
Opinion by Judge Gibbons
Concurrence by Judge Gilman
Dissent by Judge Kennedy
Counsel
For Appellants:
Catherine H. Killam, McHugh & McCarthy, Sylvania, OH
For Appellee:
Jaclyn C. Taner, Federal Deposit Insurance Corporation, Arlington, VA
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