No. 90-5255.

932 F.2d 1250 (1991)

EMPIRE STATE BANK, a Minnesota corporation, Appellee, v. CITIZENS STATE BANK, Federal Deposit Insurance Corporation, as Liquidator and/or Receiver of Citizens State Bank, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 10, 1991.

Order on Denial of Rehearing August 5, 1991.

Rehearing Denied August 5, 1991.

Attorney(s) appearing for the Case

E. Whitney Drake (FDIC), Washington, D.C., for appellant.

James Anderson, Marshall, Minn., for appellee.

Before LAY, Chief Judge, and FAGG and BOWMAN, Circuit Judges.

Rehearing En Banc Denied August 5, 1991.

BOWMAN, Circuit Judge.

The Federal Deposit Insurance Corporation (FDIC) appeals from the decision of the District Court1 remanding this action to state court. Appellate jurisdiction is based upon 12 U.S.C.A. § 1819(b)(2)(C) (West 1989). We affirm.

In September 1983, Empire State Bank, a Minnesota banking corporation (Empire), purchased from Citizens State Bank of Fulda, Minnesota...

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