HERBST v. RESOLUTION TRUST CORP.

No. 91-2254.

66 Ohio St.3d 8 (1993)

HERBST ET AL., APPELLEES, v. RESOLUTION TRUST CORPORATION, AS RECEIVER FOR FIRST SAVINGS & LOAN COMPANY, MASSILLON, OHIO, APPELLANT.

Supreme Court of Ohio.

Decided February 24, 1993.


Attorney(s) appearing for the Case

Buckingham, Doolittle & Burroughs, Richard G. Reichel and Todd S. Bundy, for appellees.

Porter, Wright, Morris & Arthur and Jennifer T. Mills; James D. Snively, for appellant.


DOUGLAS, J.

RTC asserts that appellees' state-court action against it as receiver of First Savings should be dismissed for lack of subject-matter jurisdiction because: (1) federal courts have exclusive jurisdiction over claims involving a failed financial institution under receivership; and (2) appellees did not pursue and exhaust administrative procedures described in former Sections 1821(d)(3) through (d)(10), Title 12, U.S. Code.

I

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