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DAMIANO v. F.D.I.C.

No. 94-4947.

104 F.3d 328 (1997)

Irene J. DAMIANO, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Amerifirst Bank, A Federal Savings Bank, successor in interest to Amerifirst Federal Savings and Loan Association, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 29, 1997.

Attorney(s) appearing for the Case

Jacob Addington Rose, West Palm Beach, FL, for Plaintiff-Appellant.

David Michael Rogero, Blackwell & Walker, P.A., Miami, FL, Roland R. St. Louis, Jr., Jorge L. Guerra, Paulino A. Nunez, Jr., Friedman, Rodriguez & Ferraro, P.A., Miami, FL, Jeffrey Ehrlich, F.D.I.C., Washington, DC, for Defendant-Appellee.

Before EDMONDSON and BIRCH, Circuit Judges, and FOREMAN, Senior District Judge.

BIRCH, Circuit Judge:

This appeal presents the first impression issue in our circuit of whether the plaintiff in a pre-receivership lawsuit must file an administrative claim with the federal receiver of a failed financial institution pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"), Pub.L. No. 101-73, 103 Stat. 183 (codified as amended in scattered sections of 12 U.S.C.) when the receiver did not timely require exhaustion...

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