language with respect to the institution because shareholders and officers and directors have certain powers they have voting powers company is given to the bank with the loans and that sadat and barry is a consolidated financial state and i assume the holding company is someone who your argument that well gee there were still some assets and the real estate man doing company from my point of view that argument is gone because that garden merged into the statements ok who are the bank to am the holding company together yesterday they were they were consolidated financial statements of the bank of the and his situation against the person who is the director of a bank for any breach of any can be owed to the bank by the absolutely absolutely your honor and so if your claim overlaps in that respect as wel state financial statements which is an issue here why should i think about them or where the plane well i think the difference here owner is that the plan deposit insurance is backed by the full faith and credit of the united states but as a matter of practice the the boss of the insurance signed his son did by heathy when the money is being used to repay the public what the public is just laid out in excess of the insurance which is usually the case well you know i know that if you apply that was basically deprived of the ability to mitigate those injuries but the but the injury could be the injury is not a separate injury from the failure of the banks pending f d i c action which seeks precisely the same injuries if congress intended anything by section eight hundred twenty one the two way it intended that that not about the day before yesterday i law is going to develop i've read bad man cannot see court opinion i think it stretches a bit so we have the choice of making new law under intent your answer to me just required chanced involved and continuation of the direct and derivative  not materially distinguishable from this case in any way and nobody has ever contended and i don't believe that the statewide issue in those cases is any different from delaware law those courts did not find it necessary to even reach this if you do sure we do the issue and here's why here's one that's also delaware law is i understand the plan administrator is arguing he saying look all well and good when you have a so called single two years scenario ok well and good but when you have a two tier scenario the independent even introduced here because like your honor i read eight hundred twenty one d two a and it is just not there and so i don't know the answer to that but here's what i do know we believe for the reasons we've argued in our brief that the pla and that's not permitted by the law that's a really good to get with but would i think so i understand judge will interest questions so just trying to get you to move to the scenario where let's assume there is no duty under delaware law claim it was never lost transferred from the shareholder to the corporation even though there was no duty back is seems to me to be a taking of the claim that on day one the shareholder and only the shareholder had and now with a clever way to try to feel around the limitation on being able to recover injury to the bank if congress intended anything it intended all assets of the bank and all the you know whatever the bank had to be available to the beneficiaries of a federal probation as we are totally funded as my brother so you have no problems complying in fourteen days we should not your honor i just don't know whether the court will be open based on what i've seen on the website  right if i could make one final point unrelated to the organ we've just been talking about and it would be this i would again harken back to the four federal appellate decisions that we chiefly rely on in this case and i would point out that if this court were to decide that this is a derivative actually this is a direct claim of the holding company that does not belong to the f d i c that would create a circuit split but more importantly more importantly the case financial case which is relied upon will see if we need any i mean if i could just make one final point about a case that's in the brief but the point was not specifically made in the breeze and that is that the case financial case is entirely consistent with the four federal cases and i would be for the court to the specific language from the case quote the first question is loss whether cases financial the parent suffered a direct injury as a result of orleans the parent level  is is an independent injury and if it's not do not pass go another two hundred dollars and you're done then it is necessarily under delaware law according to case financial a degree would have claim so i just want to make that point your honor i appreciate