Legal Opinion

Hellon & Associates, Inc. v. Phoenix Resort Corp.

Court of Appeals for the Ninth Circuit

Decided March 5, 1992No. 90-16846PublishedCited by 20 opinions

1Opinion of the Court

FERNANDEZ, Circuit Judge:

The Resolution Trust Corporation (RTC), in its capacity as the receiver for Lincoln Savings & Loan Association (Lincoln) sought to remove this action to the United States District Court for the District of Arizona. It based its notice of removal on the general removal provision, 28 U.S.C. § 1441(a), and on the special RTC removal provision, 12 U.S.C. § 1441a(Z )(3). The district court found that removal was improper under each section and remanded the case to the Maricopa County Superior *297Court.1 We reverse as to the section 1441(a) determination and vacate the order…

2Cases cited24 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  3. Emrich v. Touche Ross & Co.Court of Appeals for the Ninth Circuit · 1988
  4. Sullivan v. StroopSupreme Court of the United States · 1990
  5. Chevron U.S.A., Inc. v. HammondCourt of Appeals for the Ninth Circuit · 1984

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3Cited by20 opinions

  1. UNITED STATES of America, Plaintiff-Appellee, v. Larry Joseph LEWIS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
  2. Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot, Counter-Defendants/appellants v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Gerald G. Wilson Tmkb Associates John S. Tighe William D. McBrearty Michael J. Kiley, and Orangegate Investors, a California Limited Partnership, Counter-Claimant/appellee. Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee, and Orangegate Investors Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Tmkb Associates Gerald G. Wilson Main St. Investors Royce T. Breazeale, Jr. Michael J. KileyCourt of Appeals for the Ninth Circuit · 1994
  3. In Re Audre, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. Resolution Trust Corp. v. Western Technologies, Inc.Court of Appeals of Arizona · 1994
  5. In Re Countrywide Home Loans, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 2008

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