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VILLAGE OF OAKWOOD v. STATE BANK AND TRUST CO.

No. 06-3117.

481 F.3d 364 (2007)

VILLAGE OF OAKWOOD; Baughman Tile Company; Gene A. Baughman; Mary Ann Baughman; Gary C. Grant, Trustee; Gary C. Grant Insurance Agency, Inc., Plaintiffs-Appellants, v. STATE BANK AND TRUST COMPANY, Defendant-Appellee, Federal Deposit Insurance Corporation, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 22, 2007.

Attorney(s) appearing for the Case

ARGUED: John C. Deal, Winkler & Winkler, Columbus, Ohio, for Appellants. Stephen A. Rothschild, Shumaker, Loop & Kendrick, Toledo, Ohio, Jaclyn C. Taner, Federal Deposit Insurance Corp., Arlington, Virginia, for Appellees.

ON BRIEF: John C. Deal, Winkler & Winkler, Columbus, Ohio, for Appellants. Stephen A. Rothschild, James H. O'Doherty, Shumaker, Loop & Kendrick, Toledo, Ohio, Jaclyn C. Taner, Federal Deposit Insurance Corp., Arlington, Virginia, for Appellees.

Before MARTIN and COOK, Circuit Judges; TARNOW, District Judge.

OPINION

COOK, Circuit Judge.

This case requires us to decide whether intervention by the Federal Deposit Insurance Corporation (FDIC) in a suit between nondiverse parties raising state law claims can create federal jurisdiction, even though it had not been a party in state court prior to removal. Holding that it cannot, we reverse.

I

The day after Oakwood Deposit Bank Company (Oakwood) was...

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