Legal Opinion

Federal Deposit Insurance v. Otero

Court of Appeals for the First Circuit

Decided May 1, 1979No. Nos. 78-1388, 78-1389PublishedCited by 1 opinion

1Opinion of the Court

COFFIN, Chief Judge.

This is an appeal by a third-party defendant Banco Central y Economias from the refusal of the district court to remand two collection suits to state court. Appellant claims that defendants could not remove these actions under 12 U.S.C. § 1819(4)1 because the Federal Deposit Insurance Corporation (FDIC) was not an original party plaintiff to the state court suit and because the FDIC is the only party that can remove an action under the Federal Deposit Insurance Act. In the alternative appellant argues that the district court lacked subject matter jurisdiction to hear…

2Cases cited23 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  3. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  4. Aldinger v. HowardSupreme Court of the United States · 1976
  5. Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918

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3Cited by1 opinion

  1. Federal Deposit Insurance Corporation v. Andres Acosta Otero v. Banco Central Y Economias, Counterdefendant, Federal Deposit Insurance Corporation v. Manuel A. Lopez De Victoria v. Banco Central Y Economias, CounterdefendantCourt of Appeals for the First Circuit · 1979

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