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DEUTSCHE BANK NAT. TRUST CO. v. F.D.I.C.

No. 11-56339.

744 F.3d 1124 (2014)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for certain residential mortgage-backed securitization trusts sponsored by IndyMac Bank, F.S.B., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of IndyMac Bank, F.S.B.; Federal Deposit Insurance Corporation, as Conservator and Receiver of IndyMac Federal Bank F.S.B.; Federal Deposit Insurance Corporation, in its corporate capacity; and Federal Deposit Insurance Corporation; Federal Deposit Insurance Corporation as Receiver for Indymac Bank, FSB; Defendant Federal Deposit Insurance Corporation as Receiver for Indymac Bank FSB, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2014.

Attorney(s) appearing for the Case

Colleen J. Boles , Assistant General Counsel, Lawrence H. Richmond , Senior Counsel, J. Scott Watson (argued), Minodora D. Vancea , Counsel, Federal Deposit Insurance Corporation, Arlington, VA, for Appellee.

Thomas M. Peterson (argued) and Jami Wintz McKeon , Morgan, Lewis & Bockius LLP, San Francisco, CA; Allyson N. Ho and William S.W. Chang , Morgan, Lewis & Bockius LLP, Houston, TX; and Gregory T. Parks and Maire E. Donovan , Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Appellant.

Before: FERDINAND F. FERNANDEZ, JOHNNIE B. RAWLINSON, and JAY S. BYBEE, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge:

In this interlocutory appeal, Appellant Deutsche Bank National Trust Co. (Deutsche Bank) challenges the district court's dismissal of its claims against the Federal Deposit Insurance Corporation (FDIC).

The dispositive issue is whether Deutsche Bank's claims are general unsecured claims under 12 U.S.C. § 1821(d)(11) and thereby prudentially mooted by the lack of sufficient funds in the estate to pay unsecured...

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