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MANIAR v. F.D.I.C.

No. 90-16252.

979 F.2d 782 (1992)

Dinesh MANIAR; Amphora Wine Company, Inc., Plaintiffs-Appellees, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Valley State Bank; Federal Deposit Insurance Corporation, in its separate corporate capacity, Defendants-Appellants, and Capital Bank of California, a California Corporation; Jules Huppert, Individually; William William Jacoby, Inc., a California Corporation; Sacco Insurance Company, a California Corporation; Title Trust Deed Service Company, Inc., a California Corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1992.

Attorney(s) appearing for the Case

Daniel H. Kurtenbach, F.D.I.C., Washington, D.C., for defendants-appellants.

James M. Hanavan, Diane R. Crowley, Gordon & Rees, San Francisco, Cal., for plaintiffs-appellees.

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

BOOCHEVER, Circuit Judge:

The Federal Deposit Insurance Corporation ("FDIC") appeals the district court's order remanding this case to state court. The FDIC argues that the district court lacked the authority to remand the case sua sponte more than 30 days after its removal to federal court and, alternatively, that the district court erred by finding that the FDIC had untimely removed the case from state court. We conclude that the district court did not have...

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