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VILLAFANE-NERIZ v. F.D.I.C.

No. 93-1487.

20 F.3d 35 (1994)

Miguel VILLAFANE-NERIZ, Insurance Commissioner of Puerto Rico, Plaintiff, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 4, 1994.

Attorney(s) appearing for the Case

Carlos J. Morales-Bauza with whom Jesus R. Rabell-Mendez and Rossello-Rentas & Rabell-Mendez, San Juan, PR, were on brief, for appellant.

J. Scott Watson, Sr. Atty., Philadelphia, PA, with whom Ann S. DuRoss, Asst. General Counsel, and Richard J. Osterman, Jr., Sr. Counsel, Washington, DC, were on brief, for appellee.

Before BREYER, Chief Judge, BOUDIN and STAHL, Circuit Judges.

STAHL, Circuit Judge.

In this appeal plaintiff seeks the proceeds of a certificate of deposit issued by a now-failed bank. Simultaneously with its purchase, the certificate was assigned to a third party, the Insurance Commissioner of the Commonwealth of Puerto Rico ("the Commissioner"). The Commissioner brought suit against the FDIC seeking to establish his right to the proceeds of the certificate, and attempted to introduce documents evidencing both the assignment...

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