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FDIC v. KEATING

No. 93-1230.

12 F.3d 314 (1993)

FDIC, Federal Deposit Insurance Corporation as Receiver of Vanguard Savings Bank, Plaintiff, Appellant, v. Paul KEATING, Individually; Paul F. Keating as Trustee of the PJ Three Realty Trust and of the Four "K" Trust; Lucille Samson as Trustee of the Kellogg Realty Trust; Lucille Samson and Paula J. Keating as Trustees of the 111 Allen Avenue Realty Trust; and Victoria Mutual Limited Partnership, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 29, 1993.

Attorney(s) appearing for the Case

Daniel H. Kurtenbach, with whom Ann S. Duross, Asst. Gen. Counsel, and Richard J. Osterman, Jr., Sr. Counsel, Washington, DC, were on brief, for plaintiff, appellant. Philip D. Moran, Salem, MA, for defendants, appellees.

Before STAHL, Circuit Judge, ROSENN, and CAMPBELL, Senior Circuit Judges.

PER CURIAM.

In this appeal, plaintiff-appellant Federal Deposit Insurance Corporation (FDIC) asserts that the district court erred when it determined that 12 U.S.C. § 1819(b)(2)(B) (1988 & Supp. IV 1992) does not allow removal of a state court proceeding to federal district court during the pendency of a state appeal and after the window for post-judgment relief has closed. See generally FDIC v. Keating, 812 F.Supp. 8...

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