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F.D.I.C. v. NORTH SAVANNAH PROPERTIES, LLC

No. 11-12784.

686 F.3d 1254 (2012)

FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellant, v. NORTH SAVANNAH PROPERTIES, LLC, et al., Plaintiffs-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 12, 2012.

Attorney(s) appearing for the Case

Ashleigh Ruth Madison , Brent J. Savage, Jr. , Brent J. Savage , Karl Christian Zipperer , Savage, Turner, Pinckney & Madison, Steven E. Scheer , Savannah, GA, for Plaintiffs-Appellees.

Jerome A. Madden , FDIC App. Lit. Unit, Arlington, VA, Glen M. Darbyshire , Kathleen Horne , Inglesby, Falligant, Horne, Courington & Chisholm, PC, Edward J. Tarver , Savannah, GA, for Defendants-Appellants.

Before CARNES, MARTIN and JORDAN, Circuit Judges.

JORDAN, Circuit Judge.

The Federal Deposit Insurance Corporation, as receiver for Darby Bank & Trust Co., appeals an order of the district court remanding the action to state court. The district court determined that it did not have subject-matter jurisdiction because the FDIC had not been formally substituted as a party in the state court action prior to removal. After review, and with the benefit of oral argument, we vacate the district court's remand order...

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