Legal Opinion

Iago Xes Rodriguez Diaz v. McAllen State Bank, Federal Deposit Insurance Corporation, as Receiver of McAllen State Bank

Court of Appeals for the Fifth Circuit

Decided October 23, 1992No. 91-6295PublishedCited by 27 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The FDIC appeals from the order of the district court remanding the case to Texas state court. The FDIC argues that remand was improper because there was no defect in removal procedure, objection to removal occurred after the 30-day time period expired, and the district court did not lack subject matter jurisdiction. We vacate and remand.

I

In 1984, lago Xes Rodriguez Diaz and Maria Del Carmen Prieto De Rodriguez sued McAllen State Bank and Valley Mortgage Company, Inc. in Texas state court. The suit raises claims grounded primarily in state real property…

2Cases cited20 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  3. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  4. Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987
  5. James N. And Betty G. Bowen v. Federal Deposit Insurance Corporation, as Receiver for First Republicbank--El PasoCourt of Appeals for the First Circuit · 1990

15 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Patricia Heaton v. Monogram Credit Card Bank of Georgia v. Federal Deposit Insurance Corporation, Movant-AppellantCourt of Appeals for the Fifth Circuit · 2002
  2. William Castleberry v. Goldome Credit Corp.Court of Appeals for the Eleventh Circuit · 2005
  3. Baccus v. ParrishCourt of Appeals for the Fifth Circuit · 1995
  4. Lindley v. Federal Deposit InsuranceCourt of Appeals for the Eleventh Circuit · 2013
  5. Merlyn J. Pollock v. Federal Deposit Insurance Corporation, as Receiver for First City Texas DallasCourt of Appeals for the First Circuit · 1994

22 more not listed; retrieve them via the Exa API.

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