F.D.I.C. v. HILLCREST ASSOCIATES

No. 1621, Docket 93-6372.

66 F.3d 566 (1995)

The FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Citytrust, Plaintiff-Appellant, v. HILLCREST ASSOCIATES; Charles F. Stelljas; Jackie Chan; Thomas J. Scozzofava, Jr.; Donald A. Mitchell; Henry H. Moy; Paul F. Valluzzo; William Behari, Jr.; Robert F. Morlock; Hans C. Otto; Robin E. Otto; Adele Stelljas; and People's Bank, Defendants-Appellees, Prudential Securities, Inc. and Merrill Lynch, Pierce, Fenner & Smith, Inc., Garnishees.

United States Court of Appeals, Second Circuit.

Decided October 2, 1995.


Attorney(s) appearing for the Case

Robert E. Pace, Hartford, Connecticut (Cynthia A. Jaworski, Paul R. Aiudi, Kimberly M. Canning; Corcoran, Mallin & Aresco, P.C., Hartford, Connecticut, of counsel), for Plaintiff-Appellant.

Michael J. Mannion, Baker, Moots & Pellegrini, P.C., New Milford, Connecticut (Guy L. Heinemann, New York City, of counsel), for Defendants-Appellees.

Before: WINTER, McLAUGHLIN, and JACOBS, Circuit Judges.


WINTER, Circuit Judge:

The Federal Deposit Insurance Corporation ("FDIC") appeals from Judge Burns's ruling that the FDIC's motion for a deficiency judgment on a note and mortgage was not timely under the thirty-day filing period provided by Connecticut law. The district court also held that the time limit was jurisdictional and could not be cured by waiver. After we certified questions of state law to the Connecticut Supreme Court, it held that the time limit was...

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