Garrett v. Commonwealth Mortgage Corp‪.‬

The plaintiffs sued two wholly owned subsidiaries of a savings institution, but before trial the institution was placed in receivership. After the FDIC intervened, the district court granted its motion for a rule 12(b)(6) dismissal based solely on the courts conclusion that wholly owned subsidiaries can invoke the protections of the DOench, Duhme doctrine and 12 U.S.C. § 1823(e). 765 F. Supp. 351. Because the complaint on its face does not show that the plaintiffs claims are barred under either the doctrine or the statute, however, we reverse and remand.