Legal Opinion

Amlico Corp. Serv. v. Conn. Bank Tr., No. Cv88 0097761 S (May 14, 1991)

Connecticut Superior Court

Decided May 14, 1991No. CV88 0097761 SUnpublished

1Opinion of the Court

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE: MOTION TO SET ASIDE JUDGMENT (#111.00) ISSUE

Whether an action which has been dismissed for failure to prosecute under Conn. Practice Bk. 251 may be deemed an "action which was filed before the appointment of the receiver" at the time after the dismissal when exclusive federal jurisdiction attached under 12 U.S.C. § 1821.

The full text of the pertinent paragraph in 12 U.S.C. § 1821 (d)(5)(F) (ii) makes clear that the exception to federal pre-emption under the law applies only to actions which…

2Cases cited5 opinions

  1. Beckman v. JALICH HOMES, INC.Supreme Court of Connecticut · 1983
  2. Connecticut National Bank v. Great Neck Development Co.Supreme Court of Connecticut · 1990
  3. Jenkins v. EllisSupreme Court of Connecticut · 1975
  4. Grunschlag v. Ethel Walker School, Inc.Supreme Court of Connecticut · 1983
  5. Purcell v. SlagleConnecticut Appellate Court · 1985

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