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PERNIE BAILEY DRILLING CO. v. FDIC

No. 89-2958.

905 F.2d 78 (1990)

PERNIE BAILEY DRILLING COMPANY, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORP., As Receiver of First Republic-Bank of Houston, N.A., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 5, 1990.

Attorney(s) appearing for the Case

Robert D. Daniel, Hirsch & Wetheimer, Houston, Tex., for defendant-appellant.

Robert O. Thomas, Dotson & Scofield, Houston, Tex., for NCNB Texas Natl. Bank.

John C. Allen, Kirsch, Gunn, Weller, Neumann & Morrison, Houston, Tex., for plaintiff-appellee.

Before KING, JOHNSON, and HIGGINBOTHAM Circuit Judges.

PER CURIAM:

The FDIC appeals from the district court's remand to state court of this case removed by the FDIC. Because the district court had proper removal jurisdiction over the case the remand to state court was improper, and we reverse.

I

On July 17, 1987, Pernie Bailey Drilling Company sued First RepublicBank Houston, N.A., in the 164th Judicial District Court of Harris County, Texas, asserting lender liability claims for damages and seeking...

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