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RESOLUTION TRUST CORP. v. NERNBERG

No. 93-3146.

3 F.3d 62 (1993)

RESOLUTION TRUST CORPORATION, as Receiver for First Home Savings Association and as Conservator for First Home Federal Savings Association, Appellant, v. A. Richard NERNBERG, t/d/b/a A.R. Building Company, and Baldwin Village Home Owners Association, a Not-For-Profit Corporation, A. Richard Nernberg, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 17, 1993.

Attorney(s) appearing for the Case

Jeffrey Ehrlich (argued), Resolution Trust Corp., Litigation Div., Washington, DC, for appellant.

Robert L. Potter (argued), Strassburger, McKenna, Gutnick & Potter, Pittsburgh, PA, for appellee.

Before: SCIRICA, COWEN, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

After substituting itself as plaintiff in a suit pending before a state appellate court, the Resolution Trust Corporation, a federal agency, removed the case to the United States District Court. Reading the statute as permitting removal only when Resolution Trust was a defendant, the district court remanded to the state court. We reverse, construing the statute as enlarging Resolution Trust's venue options rather...

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