FDIC v. Stables, No. 07-4436

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