Legal Opinion

Federal Deposit Insurance v. S & I 85-1, Ltd.

Court of Appeals for the Eleventh Circuit

Decided June 14, 1994No. 92-4943PublishedCited by 13 opinions

1Opinion of the Court

COX, Circuit Judge:

We address the issue of whether the Federal Deposit Insurance Corporation (“FDIC”), having brought an action as plaintiff in state court, may subsequently remove that action to federal court when counterclaims are filed against it. We conclude that FDIC may remove such an action pursuant to 12 U.S.C. § 1819(b)(2)(B).

I.BACKGROUND

On December 23, 1991, FDIC, as Receiver for First American Bank and Trust, initiated an action in state court against S & I 85-1, Ltd., a Florida limited partnership, and Darryl B. Mall and Willis B. Mall as general partners of S & I 85-1, Ltd.…

2Cases cited13 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  4. Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.Court of Appeals for the Fifth Circuit · 1989
  5. Federal Savings and Loan Insurance Corporation v. Howard B. QuinnCourt of Appeals for the Seventh Circuit · 1969

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. William Castleberry v. Goldome Credit Corp.Court of Appeals for the Eleventh Circuit · 2005
  2. Bullion Services, Inc. v. Valley State Bank Federal Deposit Insurance Corporation, as Receiver for Valley State BankCourt of Appeals for the Ninth Circuit · 1995
  3. Donald Buczkowski and Wendy Buczkowski v. Federal Deposit Insurance Corporation, as Receiver for Superior Bank, F.S.B.Court of Appeals for the Seventh Circuit · 2005
  4. Federal Deposit Insurance Corporation v. Ltd.Court of Appeals for the Eleventh Circuit · 1994
  5. First Union National Bank v. HallCourt of Appeals for the Eleventh Circuit · 1997

8 more not listed; retrieve them via the Exa API.

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