Legal Opinion

Federal Deposit Insurance v. Loyd

Court of Appeals for the Fifth Circuit

Decided February 26, 1992No. 90-1714PublishedCited by 30 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

This ease arises from the November 4, 1988, removal of pending state litigation by NCNB Texas National Bank (“NCNB”), and the FDIC, as Receiver of First Repub-licBank Dallas, N.A. Twenty-one months later, the district court sua sponte remanded the case to state court, solely on the ground that the original motion for removal was procedurally defective as having not been timely filed pursuant to 28 U.S.C. § 1446(b). On appeal, the FDIC and NCNB argue that the district court did not have the authority sua sponte to remand the case for non-jurisdictional defects…

2Cases cited33 opinions

  1. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  2. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  3. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  4. American International Underwriters, (Philippines), Inc., a Philippines Corporation v. The Continental Insurance Company, a New Hampshire CorporationCourt of Appeals for the Ninth Circuit · 1988
  5. North Mississippi Savings & Loan Association and New North Mississippi Federal Savings & Loan Association v. Joseph M. HudspethCourt of Appeals for the Fifth Circuit · 1985

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

3Cited by30 opinions

  1. Federal Deposit Insurance Corporation v. LoydCourt of Appeals for the First Circuit · 1992
  2. Perfecto Valencia v. Allstate Texas Lloyd'sCourt of Appeals for the Fifth Circuit · 2020
  3. Water Works v. Consolidated Pub., Inc.Supreme Court of Alabama · 2004
  4. Gandy v. Peoples Bank and Trust Co.District Court, S.D. Mississippi · 1998
  5. T.H. Inc. v. 6218 InvestorsCourt of Appeals for the Fifth Circuit · 1995

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

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