Nos. 87-1844, 87-1849 and 87-1961.

857 F.2d 995 (1988)

W.O. HENRY, Plaintiff-Appellant, v. INDEPENDENT AMERICAN SAVINGS ASSOCIATION; Independent American Savings Association, FSLA; and Independent American Real Estate, Inc., Defendants-Appellees. SUNBELT SERVICE CORPORATION, Plaintiff-Appellant, v. INDEPENDENT AMERICAN SAVINGS ASSOCIATION and Independent American Savings Association, FSLA, Defendants-Appellees. Jeff BEAN, Individually and as Managing General Partner for White Rock Texas Joint Venture, A Texas General Partnership, Plaintiff-Appellant, v. INDEPENDENT AMERICAN SAVINGS ASSOCIATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 30, 1988.

Attorney(s) appearing for the Case

Robert M. Greenberg, Greenberg, Fisk, Bush & Walker, Dallas, Tex., Ivan M. Scott, Jr., Bedford, Tex., for W.O. Henry.

Larry D. Carlson, Kenneth B. Tomlinson, Dallas, Tex., Colleen B. Bombardier, Office of Gen. Counsel, Washington, D.C., for amicus FSLIC.

C. Michael Moore, David P. Blanke, Martin Griffen, Locke, Purnell, Rain & Harrell, Dallas, Tex., for Independent American Sav. Assoc., et al.

Kathryn R. Wray, Baker & Botts, Dallas, Tex., for Federal Sav. & Loan Assoc. (FSLA).

John Bickel, William Brewer, Harold F. Marshall, Denise Gorges, Bickel & Brewer, Dallas, Tex., for Vineyard, Trustee for Estate of Independent American.

Richard Thornburg, Atty. Gen., Washington, D.C., Interested Person in 87-1844.

Mark R. Hall, David P. Stone, Moore & Peterson, Dallas, Tex., for Sunbelt Service Corp.

Edwin Meese, III, Atty. Gen., Washington, D.C., Interested Person in 87-1849.

Allan B. Diamond, Kim J. Askew, Hughes & Luce, Dallas, Tex., for Bean.

Before BROWN, POLITZ, and HIGGINBOTHAM, Circuit Judges.


The district court permitted removal of these three state-court suits against a now-defunct savings and loan association and its successor. The court held that removal was proper because the suits implicate, to varying degrees, receivership functions of the Federal Savings and Loan Insurance Corporation. After removal, however, the court dismissed all claims against the successor-institution on the basis of our decision in ...

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