United States Sixth Circuit

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 the 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.

Appellate Information

• Decided 07/23/2009
• Published 07/23/2009

Judges

• Before:  KENNEDY, GILMAN, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Catherine H. Killam, McHugh & McCarthy, Sylvania, Ohio, for Appellants.  Jaclyn C. Taner, Federal Deposit Insurance Corporation, Arlington, Virginia, for Appellee.