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GREATER SLIDELL AUTO AUCTION, INC. v. AMERICAN BANK & TRUST CO. OF BATON ROUGE

No. 93-3443.

32 F.3d 939 (1994)

GREATER SLIDELL AUTO AUCTION, INC. and Rebecca Toblin Slocum, Plaintiffs-Appellants, v. AMERICAN BANK & TRUST CO. OF BATON ROUGE, LA., et al., Defendants. FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver for American Bank & Trust Co., Defendant-Appellee, v. Joseph M. SLOCUM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 23, 1994.

Attorney(s) appearing for the Case

Chester J. Caskey, Baton Rouge, for appellants.

Claire L. McGuire, FDIC, Washington, DC, Paul S. West, R. Marshall Grodner, McGlinchey, Stafford & Lang, Baton Rouge, LA, for appellee.

Before ALDISERT, REYNALDO G. GARZA and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Greater Slidell Auto Auction appeals the summary dismissal of its complaint for lack of subject matter jurisdiction based on its failure to pursue its administrative remedies against the Federal Deposit Insurance Corporation as receiver of a failed bank. We hold that the district court has jurisdiction. We vacate the dismissal and remand for further proceedings.

I.

Greater Slidell Auto Auction, Joseph Slocum, and Rebecca...

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