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FEDERAL DEPOSIT INS. CORP. v. LOYD

No. 90-1714.

955 F.2d 316 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for First Republicbank Dallas, N.A., f/k/a First Republicbank Oak Cliff, N.A., f/k/a Inter-first Bank Oak Cliff, N.A., and NCNB Texas National Bank, N.A., Plaintiffs-Appellants, v. James A. LOYD, Johnny Barnes, and Bobbie H. Barnes, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 26, 1992.

Attorney(s) appearing for the Case

William Frank Carroll, Bruce L. Collins, III, John M. Nevins, Baker, Mills & Glast, Dallas, Tex., Gregory E. Gore, FDIC, Washington, D.C., for FDIC & NCNB.

James F. Mobley, Cedar Hill, Tex., for J. Barnes & B. Barnes.

Before THORNBERRY, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This case arises from the November 4, 1988, removal of pending state litigation by NCNB Texas National Bank ("NCNB"), and the FDIC, as Receiver of First RepublicBank Dallas, N.A. Twenty-one months later, the district court sua sponte remanded the case to state court, solely on the ground that the original motion for removal was procedurally defective as having not been timely filed pursuant to 28 U.S.C. § 1446(b). On appeal...

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