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F.D.I.C. v. FOUR STAR HOLDING CO.

Docket No. 98-6112.

178 F.3d 97 (1999)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for American Savings Bank, Plaintiff-Appellant, v. FOUR STAR HOLDING CO., Fours on Seventh LLC, 330 Acquisition Co., John Does 1 thru 100, the latter names being fictitious but intending to designate tenants and persons in possession or persons having an interest in portions of the premises described in the Complaint herein, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 21, 1999.

Attorney(s) appearing for the Case

Joseph Aronauer, Morgenthau, Greenes, Goldfarb & Aronauer, P.C., New York, N.Y. (John C. Re, on the brief), for Plaintiff-Appellant.

Charlotte Moses Fischman, Kramer, Levin, Naftalis & Frankel, New York, NY (Jeffrey W. Davis, on the brief), for Defendants-Appellees Four Star Holding Co. and Fours on Seventh LLC.

Scott Krinsky, Backenroth & Grossman, New York, NY (Robert E. Grossman, on the brief), for Defendant-Appellee 330 Acquisition Co., LLC.

Before: WALKER, POOLER and HEANEY, Circuit Judges.

POOLER, Circuit Judge:

Plaintiff Federal Deposit Insurance Corporation ("FDIC") brought this mortgage foreclosure action pursuant to New York Real Property Actions and Proceedings Law ("RPAPL") § 1315, asserting jurisdiction pursuant to 12 U.S.C. § 1819(b)(2)(A), which provides for federal jurisdiction in cases to which FDIC is a party. The district court granted defendants' motion to abstain from hearing the case...

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