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ACOSTA-RAMÍREZ v. BANCO POPULAR DE PUERTO RICO

No. 12-1887.

712 F.3d 14 (2013)

Eladio ACOSTA-RAMÍREZ et al., Plaintiffs, Appellants, v. BANCO POPULAR DE PUERTO RICO, Defendant, Appellee, Federal Deposit Insurance Corporation, as Receiver of Westernbank Puerto Rico, Intervenor Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 3, 2013.

Attorney(s) appearing for the Case

Héctor E. Pedrosa-Luna , for appellants.

Enrique R. Padró Rodríguez , with whom Pedro J. Manzano Yates and Fiddler González & Rodríguez, PSC were on brief, for appellee Banco Popular de Puerto Rico.

Kathleen V. Gunning , Counsel, with whom Kathryn R. Norcross , Acting Assistant General Counsel, Lawrence H. Richmond , Senior Counsel, Ana B. Rosado-Frontanes , and Schuster Aguilo LLP were on brief, for appellee Federal Deposit Insurance Corporation.

Before LYNCH, Chief Judge, SELYA and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

Former employees of Westernbank, a failed bank taken into receivership by the Federal Deposit Insurance Corporation ("FDIC"), sued Banco Popular de Puerto Rico ("BPPR"), a bank that subsequently acquired Westernbank's deposits and certain assets, but not the FDIC, on claims for severance pay under Law 80, P.R. Laws Ann. tit. 29, § 185a et seq. The FDIC has intervened and asserted that under 12 U.S.C. § 1821(d)(13)(D) "no court...

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