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CASTLEBERRY v. GOLDOME CREDIT CORP.

No. 03-11720.

408 F.3d 773 (2005)

William CASTLEBERRY, Gladdean Castleberry, Plaintiffs-Appellants, v. GOLDOME CREDIT CORPORATION, Defendant-Cross-Defendant-Appellee, Daiwa Finance Corporation, Defendant-Cross-Claimant-Appellee, Daiwa Mortgage Acceptance Corporation, Daiwa America Corporation, Daiwa Securities America, Inc., et al., Defendants-Appellees, Ryland Mortgage Company, Advanta Mortgage Corp., USA, Defendants, Federal Deposit Insurance Corporation, in its individual corporate capacity and in its capacity as receiver of Goldome FSB, Cross-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 9, 2005.

Attorney(s) appearing for the Case

George C. Douglas, Jr., Law Offices of George C. Douglas, Jr., Birmingham, AL, Clark Carpenter, Wooten, Thornton, Carpenter, O'Brien & Lazenby, Talladega, AL, for Plaintiffs-Appellants.

Thomas Edward Walker, Johnstone, Barton, Proctor, Swedlaw & Naff, Anne P. Wheeler, William D. Jones, III, Johnstone, Barton, Proctor & Powell, LLP, Birmingham, AL, William H. Hardie, Jr., Johnstone, Adams, Bailey, Gordon & Harris, Mobile, AL, Ashley Doherty, FDIC-App. Lit. Unit, Washington, DC, Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, P.C., James N. Walter, Jr., Montgomery, AL, for Appellees.

Before BIRCH, KRAVITCH and GIBSON, Circuit Judges.

BIRCH, Circuit Judge:

This appeal requires us to address federal subject matter jurisdiction under 12 U.S.C. § 1819(b)(2). Following the removal of their class action lawsuit to federal district court by Cross-defendants-appellees Federal Deposit Insurance Corporation-Corporate ("FDIC-Corporate") and Federal Deposit Insurance Corporation-Receiver ("FDIC-Receiver"), Plaintiffs-appellants William and Gladdean Castleberry ("Castleberrys") moved to remand the case...

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