Legal Opinion · Dissent
Greater Slidell Auto Auction, Inc. v. American Bank & Trust Co.
Court of Appeals for the Fifth Circuit
Decided November 7, 1994No. 93-3443PublishedCited by 1 opinion
1DissentAldisert, Circuit Judge
The majority opinion in this case was filed on September 23, 1994, stating that I would dissent and assign written reasons. Greater Slidell Auto Auction, Inc. v. American Bank & Trust Co., 32 F.3d 939 (5th Cir.1994). Because I do not believe that a lawsuit pending in a state court at the time the FDIC is appointed receiver for a failed bank satisfies FIRREA’s statutory requirement of filing an administrative claim, I dissent and would affirm the judgment of the district court dismissing for lack of subject matter jurisdiction.
I
Appellants filed suit in state court for breach of contract…
2Cases cited11 opinions
- Barbara Ronda Meliezer, Wife Of/and Karl A. Loetzerich v. Resolution Trust Company, as Receiver for Home Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1992
- Mike Gustin v. United States of America, Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1989
- Carney v. Resolution Trust Corp.Court of Appeals for the Fifth Circuit · 1994
- Whatley v. Resolution Trust Corp. Ex Rel. Continental SavingsCourt of Appeals for the Fifth Circuit · 1994
- Resolution Trust Corp. v. Mustang PartnersCourt of Appeals for the Tenth Circuit · 1991
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