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FEDERAL DEPOSIT INS. CORP. v. OTERO

Nos. 78-1388, 78-1389.

598 F.2d 627 (1979)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, Appellee, v. Andres Acosta OTERO et al., Defendants, Appellees, v. BANCO CENTRAL Y ECONOMIAS, Counterdefendant, Appellant. FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, Appellee, v. Manuel A. LOPEZ DE VICTORIA et al., Defendants, Appellees, v. BANCO CENTRAL Y ECONOMIAS, Counterdefendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Jose A. Gonzalez Gierbolini, Trujillo, P. R., with whom Juan E. Rodriguez Diaz, and Sweeting, Pons, Gonzalez & Rodriguez, San Juan, P. R., were on brief, for counterdefendant, appellant.

Ruben O. Figueroa, Hato Rey, P. R., with Figueroa & Nassar, Hato Rey, P. R., was on brief, for defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

COFFIN, Chief Judge.

This is an appeal by a third-party defendant Banco Central y Economias from the refusal of the district court to remand two collection suits to state court. Appellant claims that defendants could not remove these actions under 12 U.S.C. § 1819(4)1 because the Federal Deposit Insurance Corporation (FDIC) was not an original party plaintiff to the state court suit and because the FDIC is the only party that can...

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