NULPH v. FEDERAL DEPOSIT INS. CORP.

Docket No. B018331.

190 Cal.App.3d 1116 (1987)

235 Cal. Rptr. 831

LORETTA DIANE NULPH et al., Plaintiffs and Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

April 1, 1987.


Attorney(s) appearing for the Case

COUNSEL

Sheryll Layne Myrdall for Plaintiffs and Appellants.

Whitman & Ransom, Michael J. Maloney, David T. Miyamoto and Merrill J. Baumann, Jr., for Defendant and Respondent.


OPINION

FUKUTO, J.

Plaintiffs appeal from the trial court's grant of summary judgment on behalf of the Federal Deposit Insurance Corporation (FDIC), as receiver for West Coast Bank. We reverse.

The sole issue in this case is whether appellants' failure to file a creditor's claim bars them from continuing their action against West Coast Bank filed prior to the bank's failure and the FDIC's acceptance of receivership.

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