F.D.I.C. v. S & I 85-1, LTD.

No. 92-4943.

22 F.3d 1070 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant, v. S & I 85-1, LTD., a Florida Limited Partnership, Darryl B. Mall, individually and as general partner of S & I 85-1, Ltd., Willis B. Mall, individually and as general partner of S & I 85-1, Ltd., P. Darlene Mall, Phyllis V. Mall, City of Lake Worth, Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 14, 1994.


Attorney(s) appearing for the Case

John P. Cole, West Palm Beach, FL, Denise L. Brown, co-counsel, Orlando, FL, Daniel H. Kurtenbach, Washington, DC, for appellant.

Richard T. Stierer, Colin M. Cameron, West Palm Beach, FL, for appellees.

Before COX and CARNES, Circuit Judges, and WOOD, Senior Circuit Judge.


COX, Circuit Judge:

We address the issue of whether the Federal Deposit Insurance Corporation ("FDIC"), having brought an action as plaintiff in state court, may subsequently remove that action to federal court when counterclaims are filed against it. We conclude that FDIC may remove such an action pursuant to 12 U.S.C. § 1819(b)(2)(B).

I. BACKGROUND

On December 23, 1991, FDIC, as Receiver for First American Bank and Trust, initiated an action...

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