Kcs, Inc. v. Federal Deposit Insurance Corp.

42 F.3d 1400 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. KCS, INC., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORP., et al., Defendants-Appellees. No. 93-15589. United States Court of Appeals, Ninth Circuit. Submitted Sept. 13, 1994. 1 Decided Nov. 16, 1994. 1 Before: CHOY, NOONAN, Circuit Judges and MARQUEZ, District Judge. 2 MEMORANDUM 3 2 Appellant KCS, Inc. (KCS), a Texas corporation, appeals the district court's ruling in favor of Appellees, Nevada Title Company (Nevada Title) and the Federal Deposit Insurance Corporation (FDIC). 4 KCS sued the FDIC and Nevada Title for breach of contract, seeking to recover $860,000 deposited as part of a failed escrow for purchase of raw land. Following a four-day bench trial, the district court found that KCS's failure to tender the purchase price violated the agreement and forfeited the deposited funds. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 It is uncontested that on June 16, 1989, the…