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McCARTHY WESTERN CONSTR. v. PHOENIX RESORT CORP.

No. 91-15797.

951 F.2d 1137 (1991)

McCARTHY WESTERN CONSTRUCTORS, INC., an Arizona corporation; Cannon and Wendt Electric Company, Inc., Plaintiffs-Appellees, v. The PHOENIX RESORT CORPORATION, a Delaware corporation, et al., Defendant, and Resolution Trust Corporation, as Federal Receiver for Lincoln Savings and Loan Association, F.A., Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Larry W. Joye, Morrison & Hecker, Kansas City, Mo., for intervenor-appellant.

Stephen E. Richman, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for plaintiff-appellee.

Teresa H. Foster, and Robert S. Porter, Ellis, Baker & Porter, Phoenix, Ariz., for plaintiff-appellee.

Before CHOY, ALARCON and T.G. NELSON, Circuit Judges.

ALARCON, Circuit Judge:

Resolution Trust Corporation (RTC) appeals from the order remanding this matter to state court. RTC contends that the district court erred in ruling that the notice of removal was untimely. We do not reach this question. RTC was not a party to the state court proceedings. We affirm the order granting remand because Congress has determined that removal jurisdiction can only be invoked by a party to the state court proceedings.

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