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RESOLUTION TRUST CORP. v. BAYSIDE DEVELOPERS

No. 93-15451.

43 F.3d 1230 (1994)

RESOLUTION TRUST CORPORATION, as Conservator for Great American First Savings Bank, Plaintiff-Appellee, v. BAYSIDE DEVELOPERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 13, 1994.

As Amended January 20, 1995.

Attorney(s) appearing for the Case

Sandra Naisbitt Rowell, Woodside, CA, for defendant-appellant Bayside Developers.

George A. Furst, Hughes Hubbard & Reed, Los Angeles, CA, Dennis S. Klein, Kevin M. Crotty, Hughes Hubbard & Reed, Washington, DC, Michael P. Condon, Resolution Trust Corporation, Washington, DC, for plaintiff-appellee Resolution Trust Corp.

Before: FARRIS, BEEZER, Circuit Judges and MUECKE, District Judge.

MUECKE, Senior District Judge:

This case primarily concerns the authority of the Resolution Trust Corporation (RTC) to remove an action from a state court of appeals after its appointment as conservator for a party in the state court action. Bayside alleges that the RTC lacks authority to remove an action from a state court of appeals. Thus, Bayside alleges the district court lacked subject matter jurisdiction over this action.

BACKGROUND

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