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HOLMES FIN. ASSOCIATES v. RESOLUTION TRUST CORP.

No. 93-5911.

33 F.3d 561 (1994)

HOLMES FINANCIAL ASSOCIATES, INC., Plaintiff-Appellee, v. RESOLUTION TRUST CORPORATION, as Receiver for Metropolitan Federal Bank, F.S.B., and as Receiver for Metropolitan Federal Savings & Loan Association, F.A., Defendants-Appellants, L. Hall Jones, Jr., et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided August 19, 1994.

Attorney(s) appearing for the Case

J. Alan Hanover, Jeffrey S. Rosenblum (argued and briefed), Michael E. Goldstein, Douglas R. Pyne, Hanover, Walsh, Jalenak & Blair, Memphis, TN, for Holmes Financial Associates, Inc.

Leo Bearman, Jr., R. Mark Glover, Heiskell, Donelson, Bearman, Adams, Williams & Caldwell, Memphis, TN, Thomas R. Dyer, Memphis, TN, William E. Long, Jr., Walt, Dyer & James, Nashville, TN, Jacqueline R. Helmberger, Kirk K. Van Tine (briefed), Wendy J. Lang (argued), Baker & Botts, Washington, DC, Andrew B. Williams, II, Resolution Trust Corp., Atlanta, GA, Jeffrey Ehrlich, Munsell St. Clair, Resolution Trust Corp., Washington, DC, P. Matthew Sutko (briefed), Washington, DC, for Resolution Trust Corp.

Before: JONES, SUHRHEINRICH, and BATCHELDER, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

The issue presented is whether, under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), Pub.L. No. 101-73, 103 Stat. 183 (1989) (codified in scattered sections of Title 12 of the United States Code), federal courts have exclusive jurisdiction over suits against the Resolution Trust Corporation (RTC) as receiver for a failed savings and loan, which suits were filed in state court prior to the RTC's appointment as...

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