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McMILLIAN v. F.D.I.C.

No. 94-5045.

81 F.3d 1041 (1996)

Samuel M. McMILLIAN, Jr., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of Southeast Bank, N.A. and as de facto ERISA fiduciary of the Southeast Bank, N.A. Reduction in Force Severance Pay Plan, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 25, 1996.

Attorney(s) appearing for the Case

Harry D. Lewis, Miami, FL, for Appellant.

Edward J. O'Meara, Daniel H. Kurtenbach, Maria Beatrice Valdez, F.D.I.C., Washington, DC, for Appellee.

Before TJOFLAT, Chief Judge, and KRAVITCH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Samuel M. McMillian, Jr., appeals the district court's dismissal of his action for severance pay against the FDIC as receiver of a failed bank. The district court dismissed McMillian's Worker Adjustment and Retraining Notification ("WARN") Act claim for lack of jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). We affirm the district court's disposition of the WARN Act claim. With respect to McMillian's Financial Institutions Reform, Recovery...

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