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273 F.3d 1072

Docket 00-5137

Bobby Glass Carol Rose Gary Stillwell Stephen Strickland Federal Deposit Insurance Corporation v. United States

United States Court of Appeals for the Federal Circuit

November 15, 2001

3 counsel of record

Key passage — most relied on by later courts

“has priority over all other creditors under this statutory scheme. 12 U.S.C. § 1821(d)(11).”

quoted by 1 later decision, including Federal Deposit Insurance v. United States

Relies on Bobby Glass Carol Rose Gary Stillwell and Stephen Strickland v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 2001-11-15

How this case has been cited

Cited by 49 later decisions (1 by the Supreme Court) — most recently March 2025 · most notably Chancellor Manor v. United States (2003), Federal Deposit Insurance v. United States (2003)

8 federal appellate · 1 state decisions

240200120102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Appealed from: United States Court of Federal Claims, Senior Judge Lawrence S. Margolis

Peter J. Broullire, III, of Albuquerque, New Mexico, for plaintiffs-appellees.

John V. Thomas, Associate General Counsel, Federal Deposit Insurance Corporation, of Washington, DC, filed a combined petition for rehearing and rehearing en banc for plaintiff-appellee. With him on the rehearing brief were John Dorsey, Tina A. Lamoreaux, and Stephen Kessler, Attorneys.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, filed a response for defendant-appellant. With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General; Jeanne E. Davidson, Deputy Director; Katherine M. Kelly, Michael M. Duclos, and William G. Kanellis, Trial Attorneys.

Before MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.

ORDER

¶1

The FDIC has petitioned for rehearing of this court's decision dated July 24, 2001. We grant the FDIC's petition for the limited purpose of amending our earlier opinion as follows:

¶2

(1) The sentence beginning at page 11, line 5 is amended to read:

¶3

"While any net recovery by the FDIC would be distributed to creditors under the statutory scheme applicable to the Security receivership, in this case FRF-RTC has priority over all other creditors under this statutory scheme."

¶4

So ORDERED.

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