EX PARTE FIRST STATE BANK OF ATMORE

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Docket Number

87-529.

Attorney(S)

Charles R. Godwin, Atmore, for petitioner. Terry R. Smyly, General Counsel, State of Ala. Banking Dept., Montgomery, for respondent Zack Thompson, etc. Charles M. Crook of Balch Bingham, Montgomery, for respondents Federal Deposit Ins. Corp. and First Nat. Bank of Atmore. Prior report: Ala. Civ. App., 538 So.2d 25.

Judges

TORBERT, Chief Justice.

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Ex parte FIRST STATE BANK OF ATMORE. (Re FIRST STATE BANK OF ATMORE v. Zack THOMPSON, Superintendent of Banks, State of Alabama Banking Department; Federal Deposit Insurance Corporation; and First National Bank of Atmore).

TORBERT, Chief Justice.

We hereby quash the writ formerly granted in this case, with comment. The following matter warrants comment but does not alter the disposition by the Court of Civil Appeals. We find unnecessary, and should not be taken as agreeing with, that portion of the opinion of the Court of Civil Appeals that addresses the obligations, or lack thereof, of the FDIC vis-à-vis First State Bank under the alleged agreement. Petitioner raised no issue on appeal with respect to the FDIC, and, thus, the FDIC's obligations or duties under this agreement were not a proper subject for review.

As a final matter, we grant petitioner's motion to strike the reply letter filed with this Court on October 12, 1988, by the respondent, Zack Thompson, because the letter was filed after the 14-day period prescribed for such replies, A.R.A.P. 39(f).

WRIT QUASHED.

JONES, SHORES, ADAMS and STEAGALL, JJ., concur.

Ex parte FIRST STATE BANK OF ATMORE. (Re FIRST STATE BANK OF ATMORE v. Zack THOMPSON, Superintendent of Banks, State of Alabama Banking Department; Federal Deposit Insurance Corporation; and First National Bank of Atmore).

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