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YORK BANK & TRUST v. FEDERAL SAV. & LOAN INS.

No. 87-5792.

851 F.2d 637 (1988)

YORK BANK & TRUST COMPANY, Appellant, v. FEDERAL SAVINGS & LOAN INSURANCE CORPORATION in its corporate capacity and as receiver for Empire Savings & Loan Assoc. & The Federal Home Loan Bank Board First United Fund Limited, Inc. & P.V. Anderson, Inc.

United States Court of Appeals, Third Circuit.

Decided June 29, 1988.

As Amended July 1 and July 18, 1988.

Rehearing and Rehearing Denied August 1, 1988.

Attorney(s) appearing for the Case

Arthur J. Murphy, Jr., David L. Haber (argued), Murphy, Taylor & Adams, P.C., Pittsburgh, Pa., for appellant.

Charlotte A. Reid, Dorothy L. Nichols (argued), Federal Home Loan Bank Bd., Washington, D.C., for appellee, Federal Home Loan Bank Bd., Federal Sav. and Loan Ins. Corp. in its corporate capacity and as receiver for empire.

Roy A. Powell, Edward C. Schmidt, Rose, Schmidt, Hasley & DiSalle, Pittsburgh, Pa., for appellee, First United Fund, Ltd.

Before STAPLETON, MANSMANN and HUNTER, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 1, 1988.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal by York Bank and Trust Company raises issues concerning the nature of a claim against the Federal Savings and Loan Insurance Corporation and the scope of judicial review available when the FSLIC is sued as an insurer. For the reasons discussed below we determine that the district court erred in...

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