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DIAZ v. McALLEN STATE BANK

No. 91-6295 Summary Calendar.

975 F.2d 1145 (1992)

Iago Xes Rodriguez DIAZ, et al., Plaintiffs-Appellees, v. McALLEN STATE BANK, et al., Defendants, Federal Deposit Insurance Corporation, As Receiver of McAllen State Bank, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 23, 1992.

Attorney(s) appearing for the Case

Scott N. Morse, Brown Maroney & Oaks Hartline, Austin, Tex., Lawrence H. Richmond, Manuel A. Palau, Jeannette Roach, Colleen Bombardier, F.D.I.C., Washington, D.C., for defendant-appellant.

David F. Beale, P.C., Robert B. Hinsley, Houston, Tex., for Diaz, et al.

John Robert King, McAllen, Tex., for Valley Mort. Co., Inc.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The FDIC appeals from the order of the district court remanding the case to Texas state court. The FDIC argues that remand was improper because there was no defect in removal procedure, objection to removal occurred after the 30-day time period expired, and the district court did not lack subject matter jurisdiction. We vacate and remand.

I.

In 1984, Iago Xes Rodriguez Diaz and Maria Del Carmen Prieto De Rodriguez...

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