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173447P.pdf 04/04/2019 Radiance Capital Receivables v. Matthew Concannon
U.S. Court of Appeals Case No: 17-3447
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Wollman, Author, with Chief Judge Smith and Grasz, Circuit
Judges]
Civil Case - diversity. In action to collect consent judgment from
guarantor, the district court did not err in concluding the FDIC had
authority to assume defaulted bank's right to collect the debt, to sell
the failed bank's assets to a create a new entity and to assign debt to
Radiance who could enforce the debt; no clear error in finding guarantor's
agent delivered the guaranty with his implied actual authority, as
guarantor signed the guaranty, understood its contents and gave express
authority to conduct business; no error in finding bank did not fail in
its duty to ensure agent acted with implied actual authority; and no error
in rejecting guarantor's fraud in the factum defense.