CAPIZZI v. FEDERAL DEPOSIT INS. CORP.

No. 90-2215.

937 F.2d 8 (1991)

Michael J. CAPIZZI, Plaintiff, Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 19, 1991.


Attorney(s) appearing for the Case

Daniel H. Kurtenbach, Counsel, with whom Ann S. DuRoss, Asst. Gen. Counsel, Joan E. Smiley, Sr. Counsel, Federal Deposit Ins. Corp., William L. Patton, Robert J. Stillman and Ropes & Gray, were on brief, for appellant Federal Deposit Ins. Corp.

David J. Fine, with whom David J. Fine and Associates, was on brief, for appellee.

Before BREYER, Chief Judge, and TORRUELLA and CYR, Circuit Judges.


BREYER, Chief Judge.

When the Federal Deposit Insurance Corporation ("FDIC") becomes a receiver of a financially troubled insured bank, it typically also becomes a party in state court suits by, and against, that bank. A special federal statute permits the FDIC to remove most, but not all, of those suits to federal court. See 12 U.S.C. § 1819(b)(2). In particular, an exception in the removal statute says that the FDIC may not remove a case from state to...

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