MORRISON-KNUDSEN CO., INC. v. CHG INTERN., INC.

Nos. 86-2063, 86-2081, 86-3621, 86-3646, 86-3658.

811 F.2d 1209 (1987)

MORRISON-KNUDSEN CO., INC., a California and Delaware Corporation, Plaintiff-Appellee, v. CHG INTERNATIONAL, INC., a Washington Corporation, et al., Defendants, and Stevenson Associates, a limited partnership, Defendant-Appellant. STEVENSON ASSOCIATES, a limited partnership, Plaintiff-Appellant, v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Westside Federal Savings and Loan Association, et al., Defendants-Appellees. AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered association having its principal office in Oklahoma, Plaintiff-Appellant, v. WESTSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered association having its principal office in Washington, etc., Defendant-Appellee. In re CHG INTERNATIONAL, Debtor. CHG CREDITORS' COMMITTEE, Plaintiff-Appellee, v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Westside Federal Savings and Loan Association, Defendant-Appellee. Wayne C. REMBOLD, Plaintiff, v. GIBRALTAR SAVINGS OF WASHINGTON and Queen City Inc., also known as Gibraltar Savings of Washington and Queen City Inc., Defendant/Counterclaimant/Cross - Claimant/Appellant, v. WESTSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION, Additional Counterclaim/Cross - Claim/Defendant/Appellee, v. REMBOLD CORPORATION, an Oregon corporation, Third Party Defendant.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1987.


Attorney(s) appearing for the Case

William F. Abrams, Patricia S. Brody, San Francisco, Cal., for Stevenson Associates.

William K. Black, Washington, D.C., Christine A. Murphy, Laura R. Craft, San Francisco, Cal., John D. Alkire, Joseph E. Bringman, Seattle, Wash., for Federal Sav. and Loan Ins. Corp., as Receiver for Westside Federal Sav. and Loan Ass'n.

David Lieberworth and Scott G. Warner, Seattle, Wash., for Gibraltar Sav. of Washington, F.A. and Queen City, Inc.

Martin T. Crowder, Bruce J. Borrus, Seattle, Wash., for CHG Creditors' Committee.

E. Michele Moquin, John J. Sullivan, Seattle, Wash., for American Federal Sav. & Loan Ass'n.

Before SNEED, KENNEDY and BEEZER, Circuit Judges.


SNEED, Circuit Judge:

The five appeals consolidated here present the question whether the Federal Savings and Loan Insurance Corporation (FSLIC) has exclusive jurisdiction to adjudicate claims against the assets of an insolvent thrift association placed in a FSLIC receivership. FSLIC contends not only that it has the power to adjudicate such claims, but that judicial jurisdiction is limited to reviewing the agency's determinations under the Administrative Procedure...

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