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BURNS INTERN., INC. v. WESTERN SAV. AND LOAN ASS'N

No. 90-15180.

978 F.2d 533 (1992)

BURNS INTERNATIONAL, INC.; W.I.O. Inc.; Robert Burns and Paige Burns, Plaintiffs-Appellants, v. WESTERN SAVINGS AND LOAN ASSOCIATION, a federal savings and loan association; Western Savings and Loan Association, an Arizona corporation; Gary Driggs, and Kay Driggs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1992.

Attorney(s) appearing for the Case

Michael J. LaVelle, Allen, Kimerer & LaVelle, Phoenix, Ariz., for plaintiffs-appellants.

Andrew L. Pringle, Mariscal, Weeks, McIntyre & Friedlander, and Michael D. Hawkins, Daughton, Hawkins, Brockelman and Guinan, Phoenix, Ariz., for defendants-appellees.

Before: CHOY, ALARCON, and HALL, Circuit Judges.

ALARCON, Circuit Judge:

Burns International, Inc., W.I.O., Inc., Robert Burns, and Paige Burns (collectively "the Burnses") appeal from the dismissal of their complaint against Gary Driggs and Kay Driggs ("the Driggses") for lack of subject matter jurisdiction.

We must determine whether an action for fraud and negligent misrepresentation may be brought against an officer of a savings and loan association under federal common law. We conclude that there is...

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