TRI-STATE HOTELS, INC.; Davcor Motor Inns, Inc.; Elite Hotel Associates, Inc.; Turnpike Motor Inns, Inc.; HMS Property Management Group, Inc.; Commerce Hotels, Inc.; Toledo Motor Inns, Inc.; Ottawa Motor Inns, Inc.; Amarillo Hotel Associates, Inc.; Economy Lodging Systems, Inc.; W. David Temel; Frank Leonetti, Jr., Appellants,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Merchants Bank Inc., and Metro North State Bank, Inc.; The Merchants Bank, Inc.; Metro North State Bank, Inc., Appellees,
Eugene J. Pereira; Bradley W. Kreiger; Kirsten H. Mills; Marilyn J. Feingold, Co-Executor of the Estate and Last Will and Testament of Frank S. Morgan; Mark Morgan, Co-Executor of the Estate and Last Will and Testament of Frank S. Morgan; Thomas S. Morgan, Co-Executor of the Estate and Last Will and Testament of Frank S. Morgan; Jeff Johnson; David B. Feingold, Defendants,
American Hotel Management Associates, Inc., Receiver,
Richard K. Rousch; Nassau Communications, Inc., Proposed Parties.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted December 15, 1995.
Decided March 21, 1996.
Attorney(s) appearing for the Case
Donald G. Stubbs, Kansas City, MO, David B. Webster, William W. Jacobs, Kaufman & Cumberland, Cleveland, OH, for Plaintiffs-Appellants Tri-State Hotels, Inc., Davcor Motor Inns, Inc., Elite Hotel Associates, Inc., Turnpike Motor Inns, Inc., HMS Property Management Group, Commerce Hotels, Inc., Toledo Motor Inns, Inc., Ottawa Motor Inns, Inc., Amarillo Hotel Associates, Inc., Economy Lodging Systems, Inc., W. David Temel, Frank Leonetti, Jr.
Jerome A. Madden, Barbara Sarshik, Federal Deposit Insurance Corporation, Washington, DC, David C. Tryon, David A. Bell, Porter & Wright, Cleveland, OH, for Defendant-Appellee Federal Deposit Insurance Corporation.
David C. Tryon, David A. Bell, Porter & Wright, Cleveland, OH, for Defendants-Appellees Merchants Bank, Inc., Metro North State Bank, Inc., Thomas S. Morgan.
Before MAGILL, BRIGHT, and MURPHY, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
MAGILL, Circuit Judge.
Tri-State Hotels and other appellants (collectively, Tri-State) appeal the district court's1 dismissal of defendant Federal Deposit Insurance Corporation (FDIC), as receiver for two failed banks, for lack of subject matter jurisdiction due to Tri-State's failure to exhaust administrative remedies. Because prior administrative review of claims against the FDIC is a prerequisite to judicial review of such claims, ...
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