ANDERSON v. FEDERAL DEPOSIT INS. CORP.

No. 89-1533.

918 F.2d 1139 (1990)

Robert F. ANDERSON, as Trustee in Bankruptcy for Rodney L. Propps, Plaintiff-Appellant, and Rodney L. Propps, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee, and William H. Alford; Mark C. Garner; Cephus W. Long; William O. Sweeny, Jr.; Robert N. Swiger; George D. Taylor, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided November 14, 1990.

Rehearing Denied January 15, 1991.


Attorney(s) appearing for the Case

Henry Flynn Griffin, III, Anderson, Lowder & Strait, P.A., Columbia, S.C., for plaintiff-appellant.

Thomas Sinclair Rees, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued, (Stuart M. Gerson, Asst. Atty. Gen., Jeffrey Axelrad, Civ. Div., U.S. Dept. of Justice, Washington, D.C., E. Bart Daniel, U.S. Atty., Michelle A. Ligon, Asst. U.S. Atty., Columbia, S.C., Mary P. Davis, Sr. Atty., Rodney D. Ray, Legal Div., F.D.I.C., Washington, D.C., J. Randolph Pelzer, Charleston, S.C., Benjamin Allston Moore, Buist, Moore, Smythe & McGee, Charleston, S.C., on the brief), for defendant-appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.


WIDENER, Circuit Judge:

Robert F. Anderson, trustee in bankruptcy for Rodney L. Propps, appeals an order of the district court dismissing for lack of subject matter jurisdiction his action against the Federal Deposit Insurance Corporation (FDIC). 114 B.R. 446. We vacate the judgment of the district court and remand for further proceedings not inconsistent with this opinion.

Because the district court granted the FDIC's motion...

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