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BUCHNER v. F.D.I.C.

No. 92-1319.

981 F.2d 816 (1993)

Donald R. BUCHNER, Laveta Buchner, Janet E. Wiley, Eddie E. Wiley, Vernor E. Bell, and Delores J. Bell, Plaintiffs-Appellees, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate Capacity and as Receiver of the First National Bank of Darrouzett, Darrouzett, Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 22, 1993.

Attorney(s) appearing for the Case

Daniel H. Kurtenbach, F.D.I.C. Legal Div., Appellate Litigation, Washington, DC and John M. Brown, Mullin, Hoard & Brown, Amarillo, TX, for defendants-appellants.

John Curney, Jr. and Edward M. Johnson, Johnson, Curney & Fields, San Antonio, TX, for plaintiffs-appellees.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

This case concerns the authority of a federal district court to remand a federal cause of action to state court. Holding that such a court has no discretionary authority to remand a case over which it has subject matter jurisdiction, we reverse the order of remand in this case.

I.

FACTS AND PROCEEDINGS

The FDIC originally sued Donald R. Buchner, et al. (the Buchners) in Texas state court to collect sums due on obligations...

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