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O'MELVENY & MYERS v. FDIC

No. 93-489.

512 U.S. 79 (1994)

O'MELVENY & MYERS v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for AMERICAN DIVERSIFIED SAVINGS BANK, et al.

United States Supreme Court.

Decided June 13, 1994.

Attorney(s) appearing for the Case

Rex E. Lee argued the cause for petitioner. With him on the briefs were Robert D. McLean, Carter G. Phillips, Joseph R. Guerra, Peter D. Keisler, Richard D. Bernstein, Gregory R. Smith, Joseph M. Lipner, and Elliot Brown.

Deputy Solicitor General Bender argued the cause for respondents. With him on the brief were Solicitor General Days, James A. Feldman, Ann S. DuRoss, Richard J. Osterman, and Jerome A. Madden.*

Scalia, J., delivered the opinion for a unanimous Court. Stevens, J., filed a concurring opinion, in which Blackmun, O'Connor, and Souter, JJ., joined, p. 90.

Justice Scalia, delivered the opinion of the Court.

The issue in this case is whether, in a suit by the Federal Deposit Insurance Corporation (FDIC) as receiver of a federally insured bank, itis a federal-law or rather a state-law rule of decision that governs the tort liability of attorneys who provided services to the bank.

I

American Diversified Savings Bank (ADSB or S&L) is a California-chartered...

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