Legal Opinion
Buchner v. Federal Deposit Insurance
Court of Appeals for the Fifth Circuit
Decided January 20, 1993No. 92-1319PublishedCited by 29 opinions
1Opinion of the Court
WIENER, Circuit Judge:
This case concerns the authority of a federal district court to remand a federal cause of action to state court. Holding that such a court has no discretionary authority to remand a case over which it has subject matter jurisdiction, we reverse the order of remand in this case.
I
FACTS AND PROCEEDINGS
The FDIC originally sued Donald R. Bu-chner, et al. (the Buchners) in Texas state court to collect sums due on obligations to the First National Bank of Darrouzett (the Bank), which was then under the receivership of the FDIC. Counterclaims asserted against the FDIC by the…
2Cases cited3 opinions
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Victor C. Baris v. Sulpicio Lines, Inc., Caltex Petroleum, Inc., Caltex Petroleum Corporation, and Caltex Oil CorporationCourt of Appeals for the Fifth Circuit · 1991
3Cited by29 opinions
- Johnson v. Heublein Inc.Court of Appeals for the Fifth Circuit · 2000
- Buchner v. F.D.I.C.Court of Appeals for the First Circuit · 1993
- Lutostanski v. BrownCourt of Appeals for the Fifth Circuit · 2023
- MG Building Materials, Ltd. v. Paychex, Inc.District Court, W.D. New York · 2012
- Meisel v. USA SHADE AND FABRIC STRUCTURES INC.District Court, N.D. Texas · 2011
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