F.D.I.C. v. Keller

42 F.3d 1399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity and in its capacity as receiver for Alliance Bank, Plaintiff-Appellee, v. Nancy J. KELLER, aka Nancy Talbot, Defendant-Appellee, Kenneth W. Battley, Defendant-Appellant, and Russell H. Keller, Defendant-Appellee. No. 93-35673. United States Court of Appeals, Ninth Circuit. Submitted Aug. 4, 1994. * Withdrawn from Submission Aug. 5, 1994. Resubmitted Sept. 19, 1994. Decided Nov. 15, 1994. Before: PREGERSON, CANBY, and BOOCHEVER, Circuit Judges. 1 MEMORANDUM ** 2 The Federal Deposit Insurance Corporation ("FDIC") filed a bankruptcy court action against Nancy and Russell Keller and bankruptcy trustee Kenneth Battley ("Trustee"), alleging that the Kellers used fraudulent conveyances to hinder the FDIC's collection efforts against Simpson Sausage Company. The action was referred to the district court following the FDIC's request for a jury trial. The…