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COM. OF PA., DEPT. OF ENVIR. RESOURCES v. F.D.I.C.

No. 484, Docket 95-4078.

78 F.3d 97 (1996)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 14, 1996.

Attorney(s) appearing for the Case

Stuart M. Bliwas, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Resources, Harrisburg, PA (Martin H. Sokolow, Jr., Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Resources, Harrisburg, PA, on the brief), for petitioner.

Daniel G. Lonergan, Counsel, Federal Deposit Insurance Corporation, Washington, DC (Ann S. DuRoss, Assistant General Counsel, Colleen B. Bombardier, Senior Counsel, Federal Deposit Insurance Corporation, Washington, DC, on the brief), for respondent.

Before: ALTIMARI and JACOBS, Circuit Judge, and CONNER, District Judge.

ALTIMARI, Circuit Judge:

Petitioner Department of Environmental Resources of the Commonwealth of Pennsylvania ("Pennsylvania" or "DER") petitions the Court pursuant to 12 U.S.C. § 1821(f)(4) for review of the denial by respondent Federal Deposit Insurance Corporation in its corporate capacity ("FDIC"), of DER's claim for insurance on an account maintained in a failed savings institution. Despite DER's petition, both parties insist that the Court lacks jurisdiction...

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