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McALLISTER v. F.D.I.C.

No. 95-50549.

87 F.3d 762 (1996)

Walter W. McALLISTER, III, Gerry Solcher and Robert Cuyler, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for San Antonio Savings Association, F.A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 1996.

Attorney(s) appearing for the Case

Samuel H. Bayless, Gresham, Davis, Gregory, Worthy & Moore, San Antonio, TX, Peter K. Rosen, Brad S. Kane, Weisman and Rosen, Los Angeles, CA, for Plaintiffs-Appellants.

Scott P. Hazen, Resolution Trust Corporation, Dallas, TX, Thomas C. Bahlo, Federal Deposit Insurance Corporation, Legal Division, Washington, DC, Molly Jean Mitchell, Austin, TX, for Defendant-Appellee.

Before REYNALDO G. GARZA, JONES and DENNIS, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Plaintiffs filed suit against the Resolution Trust Corporation, as receiver for San Antonio Savings Association, F.S.B., claiming that they were entitled to assets contained in the Savings Association's retirement trust. The district court dismissed plaintiffs' complaint for lack of subject matter jurisdiction. Plaintiffs appeal from that dismissal. For the reasons stated below, we REVERSE the district court's dismissal, and REMAND...

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