Legal Opinion

McMillian v. Federal Deposit Insurance

Court of Appeals for the Eleventh Circuit

Decided April 25, 1996No. 94-5045PublishedCited by 1 opinion

1Opinion of the Court

ANDERSON, Circuit Judge:

Samuel M. McMillian, Jr., appeals the district court’s dismissal of his action for severance pay against the FDIC as receiver of a failed bank. The district court dismissed McMillian’s Worker Adjustment and Retraining Notification (“WARN”) Act claim for lack of jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). We affirm the district court’s disposition of the WARN Act claim. With respect to McMillian’s Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) claim, the district court dismissed the complaint pursuant to Fed.R.Civ.P. 12(b)(6). This appeal…

2Cases cited32 opinions

  1. Ybarra v. IllinoisSupreme Court of the United States · 1980
  2. Perrin v. United StatesSupreme Court of the United States · 1979
  3. O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
  4. Nolde Bros., Inc. v. Local No. 358, Bakery & Confectionery Workers UnionSupreme Court of the United States · 1977
  5. American National Bank Of Jacksonville v. Federal Deposit Insurance CorporationCourt of Appeals for the Eleventh Circuit · 1983

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3Cited by1 opinion

  1. McMILLIAN v. FEDERAL DEPOSIT INSURANCE CORPORATIONCourt of Appeals for the Eleventh Circuit · 1996

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