Legal Opinion

Intercontinental Travel Marketing, Inc. v. Federal Deposit Insurance Corporation, as Receiver for Gateway National Bank

Court of Appeals for the Ninth Circuit

Decided December 28, 1994No. 92-16507PublishedCited by 80 opinions

1Opinion of the Court

BRUNETTI, Circuit Judge:

In this appeal, we address the effect of a claimant’s failure to pursue administrative remedies before the expiration of the claims bar date specified in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”). We have jurisdiction over this appeal under 28 U.S.C. § 1291. Because we find that the district court properly dismissed this case for lack of subject matter jurisdiction, we affirm.

I. FACTS

On or about July 25,1989, Intercontinental Travel Marketing (“ITM”) and Gateway National Bank (“GNB”) entered into a Merchant Bankcard Agreement.…

2Cases cited19 opinions

  1. Richard Augustine v. United StatesCourt of Appeals for the Ninth Circuit · 1983
  2. Brock v. Pierce CountySupreme Court of the United States · 1986
  3. Darla G. Hall, Patty J. Baxter and Jeannette Ticknor v. Gus Construction Co., Inc. And John MundorfCourt of Appeals for the Eighth Circuit · 1988
  4. William Michael Jones v. Union Pacific Railroad Company, United Transportation UnionCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886

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3Cited by80 opinions

  1. United States v. HovsepianCourt of Appeals for the Ninth Circuit · 2004
  2. Clyde C. Freeman and Nancy F. Freeman v. Federal Deposit Insurance Corporation, as Receiver for Madison National BankCourt of Appeals for the D.C. Circuit · 1995
  3. Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
  4. Hesse v. Sprint Corp.Court of Appeals for the Ninth Circuit · 2010
  5. In Re Kay Lorraine Lewis, Debtor. Superior Bank, Fsb v. James W. Boyd, Chapter 7 Bankruptcy TrusteeCourt of Appeals for the Sixth Circuit · 2005

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