LAZUKA v. FEDERAL DEPOSIT INS. CORP.

No. 90-5693.

931 F.2d 1530 (1991)

Betty Lee LAZUKA, Individually and as Executrix of the Estate of Sylvester Lazuka, Sr., Deceased, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for First American Bank and Trust, A Florida Banking Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 29, 1991.


Attorney(s) appearing for the Case

Robert Pass, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., Gregory E. Gore, FDIC, Washington, D.C., for defendant-appellant.

Steven Reininger, Sharon L. Blake, Rasco, Reininger & Dannheiser, Miami, Fla., for plaintiff-appellee.

Before FAY and BIRCH, Circuit Judges, and HOFFMAN, Senior District Judge.


FAY, Circuit Judge:

This appeal arises out of the FDIC's removal of a case from state court to federal district court. The district court remanded the case to state court on the basis of its finding that the "well-pleaded complaint" rule applied to prohibit the FDIC from removing the case where a federal cause of action did not appear on the face of the complaint. We disagree. Instead, we find that the recent Financial Institutions Reform, Recovery, and Enforcement...

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