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SHARPE v. FDIC

No. 95-56291.

126 F.3d 1147 (1997)

Whitney F. SHARPE; Mona E. Sharpe, Plaintiffs-Appellants, v. FDIC, Receiver for Pioneer Bank, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 13, 1996.

Resubmitted January 6, 1997.

Decided September 19, 1997.

Attorney(s) appearing for the Case

John T. Callan, The Buckley Firm, Mission Viejo, California, for plaintiffs-appellants.

Daniel Glenn Lonergan, Federal Deposit Insurance Corporation, Washington, D.C., for defendant-appellee.

Before FERGUSON, BEEZER and TASHIMA, Circuit Judges.

BEEZER, Circuit Judge:

Whitney and Mona Sharpe ("the Sharpes") appeal the district court's dismissal of their action for declaratory, injunctive and monetary relief against the Federal Deposit Insurance Corporation ("FDIC"). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand.

I

During early July 1994, a rather routine real estate foreclosure action, involving incidental real property legal description and recordation...

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