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CRAWFORD COUNTRY HOMEOWNERS v. DELTA SAV. & LOAN

No. 94-56156.

77 F.3d 1163 (1996)

CRAWFORD COUNTRY HOMEOWNERS ASSOCIATION, INC., a California Non-Profit Mutual Benefit Corporation, Plaintiff-Appellee, v. DELTA SAVINGS AND LOAN, a California Corporation, Defendant, and Resolution Trust Corporation, as Receiver for Delta Federal Savings Bank, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 23, 1996.

As Amended March 6, 1996.

Attorney(s) appearing for the Case

Jeffrey Ehrlich, Resolution Trust Corp., Washington, DC, for Resolution Trust Corporation, as Receiver for appellant Delta Federal Savings Bank.

James D. Kleeger, Anaheim Hills, California, for appellee Crawford Country Homeowners Association, Inc.

Before: BEEZER, BRUNETTI, and JOHN T. NOONAN, Jr., Circuit Judges.

BRUNETTI, Circuit Judge:

The Resolution Trust Corporation ("RTC") appeals the district court's remand of the case to California Superior Court. The district court concluded that RTC's removal was untimely. We reverse.

I

On April 23, 1992, Crawford Country Homeowners Association ("Crawford") filed suit against Delta Savings and Loan alleging construction defects. On May 7, 1992, Delta was placed in an RTC receivership. Crawford complied with RTC's...

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