FDIC, as receiver for R-G Prem v. Estrada-Rivera

LIPEZ, Circuit Judge.

Appellants challenge the district court’s grant of summary judgment for the Federal Deposit Insurance Corporation (“FDIC”) in a collection action stemming from their default on a $700,000 loan. They contend that their lending bank— later taken over by the FDIC — caused the default by failing to follow through on a promised loan to a third-party. The district court also dismissed a counterclaim based on that contention for lack of subject matter jurisdiction. Although we adopt a different rationale for disposing of the counterclaim, we affirm both of the court’s rulings. 1

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