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FELDMAN v. F.D.I.C.

No. 17-5009.

879 F.3d 347 (2018)

Lynn FELDMAN, as Chapter 7 Trustee of the Estates of Image Masters, Inc., OPFM, Inc., d/b/a Personal Financial Management, Inc., Mortgage Assistance Professionals, Inc., Mortgage Assistance Professionals, Inc. II, Discovered Treasurers, Inc., and Dividit, Inc., Appellant v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for both Indymac Bank, FSB and Washington Mutual Bank, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 2018.

Attorney(s) appearing for the Case

David M. DeVito , Philadelphia, PA, argued the cause and filed the briefs for appellant.

Michelle Ognibene , Counsel, Federal Deposit Insurance Corporation, argued the cause for appellee FDIC. With her on the brief were Colleen J. Boles , Assistant General Counsel, and Kathryn R. Norcross , Senior Counsel.

Before: Rogers and Tatel, Circuit Judges, and Edwards, Senior Circuit Judge.

This is an appeal from the dismissal of a complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). For the following reasons, we reverse.

I.

The Financial Institution Reform, Recovery, and Enforcement Act ("FIRREA") governs the disposition by the Federal Deposit...

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