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WOODBRIDGE PLAZA v. BANK OF IRVINE

No. 85-5997.

815 F.2d 538 (1987)

WOODBRIDGE PLAZA, a general partnership, Plaintiff-Appellant, v. BANK OF IRVINE, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission vacated December 16, 1986.

Resubmitted April 10, 1987.

Decided April 17, 1987.

Attorney(s) appearing for the Case

Richard D. Keys, Newport Beach, Cal., for plaintiff-appellant.

Rex E. Lee, Howard Gest, Los Angeles, Cal., for defendant-appellee.

Jack T. Kerry, Los Angeles, Cal., for amicus curiae (defendants-appellees).

Before SCHROEDER and FLETCHER, Circuit Judges, and VOORHEES, District Judge.

SCHROEDER, Circuit Judge:

The principal issue in this appeal is a question of California state law. Appellant contends that the Federal Deposit Insurance Corporation (FDIC), acting pursuant to California law as receiver of a state-chartered bank, violated California statutes requiring equal treatment of bank creditors. Appellant's claim against the bank was not included in a purchase and assumption agreement executed by the FDIC as receiver of an insolvent bank, and...

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