IN RE PLAZA DE DIEGO SHOPPING CENTER, INC.

Nos. 90-1038, 90-1163.

911 F.2d 820 (1990)

In re PLAZA de DIEGO SHOPPING CENTER, INC., Debtor. Appeal of Robert L. COLEY, Esquire. In re Petition of Robert L. COLEY, etc.

United States Court of Appeals, First Circuit.

Decided August 14, 1990.


Attorney(s) appearing for the Case

Jennifer H. Zacks, Appellate Staff, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., William Kanter and Dwight G. Rabuse, Appellate Staff, Civ. Div., Dept. of Justice, John E. Logan, Gen. Counsel, Washington, D.C., and Martha L. Davis, Charleston, W.Va., Executive Office for U.S. Trustees, were on petition for a writ of mandamus and brief for petitioner, appellant.

Arturo J. Garcia-Sola, with whom Manuel Fernandez-Bared and McConnell Valdes Kelley Sifre Griggs & Ruiz-Suria, Hato Rey, P.R., were on brief and response to petition for a writ of mandamus for respondent, appellee City Sav. Bank, F.S.B., in Conservatorship, Resolution Trust Corp., Conservator.

Sergio A. Ramirez de Arellano, Hato Rey, P.R., on brief for operating trustee Pedro J. Fuste.

Before CAMPBELL and SELYA, Circuit Judges, and ROSENN, Senior Circuit Judge.


LEVIN H. CAMPBELL, Circuit Judge.

The United States Trustee ("U.S. Trustee") has appealed from an order of the District Court for the District of Puerto Rico appointing a trustee in bankruptcy for the Plaza de Diego Shopping Center, Inc. ("Plaza"), which had filed for bankruptcy under Chapter 11 of the Bankruptcy Code. The U.S. Trustee alleges that the district court acted ultra vires in making this appointment because...

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