HELM v. RESOLUTION TRUST CORP.

No. 95-2488.

84 F.3d 874 (1996)

Ruby HELM, Plaintiff-Appellant, v. RESOLUTION TRUST CORPORATION, as Receiver for Great American Savings of Oak Park, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 1996.


Attorney(s) appearing for the Case

Everett J. Cygal, Nicholas Geanopoulos (argued), Chicago, IL, for Plaintiff-Appellant.

Jeffrey Ehrlich (argued), Resolution Trust Corp., Washington, DC, for Defendant-Appellee Resolution Trust Corp., as receiver for Great America Savings of Oak Brook.

Arthur F. Radke, Martin B. Carroll, Hefter & Radke, Chicago, IL, for Defendant-Appellee Federal Deposit Insurance Corporation.

Before POSNER, Chief Judge, and COFFEY and KANNE, Circuit Judges.


KANNE, Circuit Judge.

The district court dismissed Ruby Helm's suit against the Resolution Trust Corporation for lack of subject matter jurisdiction. Helm filed a motion for relief from judgment under FED.R.CIV.P. 60(b)(1) and (6) on the ground that she had mistakenly cited the wrong statute in her complaint. The district court denied the motion, finding that the error resulted from attorney negligence and not mistake or excusable neglect. Helm appeals that decision...

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