Legal Opinion

Emigrant Savings Bank v. Elan Management Corp., Elan Management Corp.

Court of Appeals for the Second Circuit

Decided January 12, 1982No. 327, Docket 81-7449PublishedCited by 11 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

By a petition filed in the District Court for the Eastern District of New York, Elan Management Corp. (Elan) sought to remove, under 28 U.S.C. § 1443(1), 1 an action brought by Emigrant Savings Bank (Emigrant) in the Súpreme Court of New York for Queens County to foreclose a mortgage on an apartment building owned and managed by Elan. The petition alleged that tenants in 36 of the 45 apartments are members of racial minority groups; that the building is located in a predominantly non-white area; and that the foreclosure action was brought in retaliation for Elan’s…

2Cases cited15 opinions

  1. Strauder v. West VirginiaSupreme Court of the United States · 1880
  2. City of Greenwood v. PeacockSupreme Court of the United States · 1966
  3. Georgia v. RachelSupreme Court of the United States · 1966
  4. Virginia v. RivesSupreme Court of the United States · 1880
  5. Johnson v. MississippiSupreme Court of the United States · 1975

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3Cited by11 opinions

  1. Varricchio v. County of NassauDistrict Court, E.D. New York · 2010
  2. Ernest Fenton v. Kelli DudleyCourt of Appeals for the Seventh Circuit · 2014
  3. New Haven Firefighters Local 825 v. City of New HavenDistrict Court, D. Connecticut · 2015
  4. Coleman v. General Motors Acceptance Corp.District Court, M.D. Tennessee · 2000
  5. Frontier Park Co. v. ContrerasDistrict Court, E.D. New York · 2014

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