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FDIC v. SHAIN, SCHAFFER & RAFANELLO

No. 91-5059.

944 F.2d 129 (1991)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Mountain Ridge State Bank, In Receivership, v. SHAIN, SCHAFFER & RAFANELLO, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 4, 1991.

Attorney(s) appearing for the Case

Roger J. Foss, Cassidy, Foss & San Filippo, Red Bank, N.J., for appellee.

Jeffrey A. Donner, Shain, Schaffer & Rafanello, Parsippany, N.J., for appellant.

Before COWEN and NYGAARD, Circuit Judges, and POLLAK, District Judge.

Submitted Under Third Circuit Rule 12(6) August 12, 1991.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal raises the question whether a law firm, Shain, Schaffer & Rafanello ("SS & R"), may, in lieu of pursuing the claims procedure established by the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA") at 12 U.S.C. § 1821(d), assert a retaining lien against the legal files of its former client. The client...

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