Legal Opinion
Michael J. Capizzi v. Federal Deposit Insurance Corporation, Etc.
Court of Appeals for the First Circuit
Decided June 19, 1991No. 90-2215PublishedCited by 29 opinions
1Opinion of the Court
BREYER, Chief Judge.
When the Federal Deposit Insurance Corporation (“FDIC”) becomes a receiver of a financially troubled insured bank, it typically also becomes a party in state court suits by, and against, that bank. A special federal statute permits the FDIC to remove most, but not all, of those suits to federal court. See 12 U.S.C. § 1819(b)(2). In particular, an exception in the removal statute says that the FDIC may not remove a case from state to federal court if the case satisfies three requirements, one of which is that it must be a case
in which only the interpretation of the law of…
2Cases cited12 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Willingham v. MorganSupreme Court of the United States · 1969
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In Re 604 Columbus Avenue Realty Trust, Debtor. Capitol Bank & Trust Company v. 604 Columbus Avenue Realty Trust, in Re 604 Columbus Avenue Realty Trust, Debtor. Federal Deposit Insurance Corporation, as Receiver/liquidating Agent of Capitol Bank & Trust Company v. 604 Columbus Avenue Realty TrustCourt of Appeals for the First Circuit · 1992
- Bank of New England Old Colony, N.A. v. R. Gary Clark, Tax Administrator, for the State of Rhode IslandCourt of Appeals for the First Circuit · 1993
- James A. Reding Terrance W. Votel v. Federal Deposit Insurance Corporation as Receiver of Oak Park Bank, D/B/A Oak Park Heights State Bank, Rodney M. Skogen v. Federal Deposit Insurance Corporation as Receiver of the Oak Park Bank, D/B/A Oak Park Heights State Bank, David J. Fisher v. Federal Deposit Insurance Corporation as Receiver of Oak Park Bank, D/B/A Oak Park Heights State Bank, John E. Walsh v. Federal Deposit Insurance Corporation as Receiver of Oak Park Bank, D/B/A Oak Park Heights State BankCourt of Appeals for the Eighth Circuit · 1991
- Iago Xes Rodriguez Diaz v. McAllen State Bank, Federal Deposit Insurance Corporation, as Receiver of McAllen State BankCourt of Appeals for the Fifth Circuit · 1992
- Espinosa v. DeVastoDistrict Court, D. Massachusetts · 1993
24 more not listed; retrieve them via the Exa API.