INTERCONTINENTAL TRAVEL MARKETING v. F.D.I.C.

No. 92-16507.

45 F.3d 1278 (1994)

INTERCONTINENTAL TRAVEL MARKETING, INC., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Gateway National Bank, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1994.


Attorney(s) appearing for the Case

Jon Eric Hollmann, Hollmann & Wertheimer, San Diego, CA, for plaintiff-appellant.

Marc Kalish and Kenneth E. Moyer, Kalish, Forrester & Torres, Phoenix, AZ, Ann S. DuRoss, Asst. Gen. Council, Colleen B. Bombardier, Sr. Counsel, Claire L. McGuire, of counsel, Barbara S. Woodall (argued), F.D.I.C., for defendant-appellee.

Before: ALDISERT, WIGGINS, and BRUNETTI, Circuit Judges.


BRUNETTI, Circuit Judge:

In this appeal, we address the effect of a claimant's failure to pursue administrative remedies before the expiration of the claims bar date specified in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"). We have jurisdiction over this appeal under 28 U.S.C. § 1291. Because we find that the district court properly dismissed this case for lack of subject matter jurisdiction, we affirm.

I. FACTS...

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