Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Judge MOTZ joined. Judge KING wrote a dissenting opinion. AGEE, Circuit Judge: Avery T. Cashion, III, appeals from the district court’s judgment in favor of the Federal Deposit Insurance Corporation (“FDIC”), acting as receiver for The Bank of Asheville (“the Bank”), in this action by the FDIC to recover the deficiency owed on a p…
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