Legal Opinion
Holmes Financial Associates, Inc. v. Resolution Trust Corp.
Court of Appeals for the Sixth Circuit
Decided August 19, 1994No. 93-5911PublishedCited by 3 opinions
1Opinion of the Court
SUHRHEINRICH, Circuit Judge.
The issue presented is whether, under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), Pub.L. No. 101-73, 103 Stat. 183 (1989) (codified in scattered sections of Title 12 of the United States Code), federal courts have exclusive jurisdiction over suits against the Resolution Trust Corporation (RTC) as receiver for a failed savings and loan, which suits were filed in state court prior to the RTC’s appointment as receiver. This issue is one of first impression in the federal courts. Because FIRREA does not contain a clear and unequivocal…
2Cases cited32 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Ex Parte McCardleSupreme Court of the United States · 1869
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
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3Cited by3 opinions
- City of Chattanooga v. BellSouth Telecommunications, Inc.District Court, E.D. Tennessee · 1998
- Gibson v. American Bankers InsuranceDistrict Court, E.D. Kentucky · 2000
- Holmes Financial Associates, Inc. v. Resolution Trust CorporationCourt of Appeals for the Sixth Circuit · 1994