Opinion · Court of Appeals for the Fifth Circuit

Sandia Federal Savings & Loan Association v. Vernon Savings & Loan Association

Sandia Fed. Sav. & Loan Ass’n v. Vernon Sav. & Loan Ass’n, 877 F.2d 345 (5th Cir. 1989)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1989-06-30
Topic
bankruptcy

ON REMAND FROM THE UNITED STATES SUPREME COURT Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges. PER CURIAM: On October 14, 1988, we affirmed the district court’s dismissal of this case against the FSLIC receiver of an insolvent savings and loan. The dismissal and our affirmance were based on North Mississippi Savings and Loan Ass’n v. Hudspeth, 756 F.2d 1096 (5th Cir.1985), cert. denied, 474 U.S. 1054, 106 S.Ct. 790, 88 L.Ed.2d 768 (1986). Since then, the Supreme Court decided Coit Independence Joint Venture v.

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Cited by
4 opinions
SANDIA FED. S L ASSOC. v. VERNON S L ASSOC,877 F.2d 345(5th Cir. 1989)
SANDIA FEDERAL SAVINGS LOAN ASSOCIATION, PLAINTIFF-APPELLANT, v. VERNON
SAVINGS LOAN ASSOCIATION, ET AL., DEFENDANTS-APPELLEES.
No. 88-1278.
United States Court of Appeals, Fifth Circuit.
June 30, 1989.
Collier H. Pate, William C. McAlister, Pate Payne, Oklahoma City, Okl., for plaintiff-appellant.

Paul H. Friedman, Washington, D.C., David A. Ives, Ann C. Kenney, Dallas, Tex., Richard L. Rennert, Washington, D.C., David I. Hammond, William G. Compton, Dallas, Tex., Samuel J. Winer, Charles McDonald, Washington, D.C., Leonard, Marsh, Hurt Terry, Dallas, Tex., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Texas; Samuel Ray Cummings, Judge.
ON REMAND FROM THE UNITED STATES SUPREME COURT
Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges.
PER CURIAM:
[1] On October 14, 1988, we affirmed the district court's dismissal of this case against the FSLIC receiver of an insolvent savings and loan. The dismissal and our affirmance were based onNorthMississippi Savings and Loan Ass'n v. Hudspeth,756 F.2d 1096(5th Cir. 1985),cert. denied,474 U.S. 1054,106 S.Ct. 790,88 L.Ed.2d 768(1986). Since then, the Supreme Court decidedCoitIndependence Joint Venture v. Federal Savings and Loan InsuranceCorp.,489 U.S. ___,109 S.Ct. 1361,103 L.Ed.2d 602(1989), and has now vacated and remanded the instant case for further consideration in the light ofCoit. Sandia Federal Savings andLoan Ass'n v. Federal Savings and Loan Insurance Corp.,___ U.S. ___,109 S.Ct. 2058,104 L.Ed.2d 624(1989).Coitheld, contrary toHudspeth,that the FSLIC does not have the authority and exclusive jurisdiction to adjudicate state law claims against insured institutions for which the FSLIC has been appointed receiver, and further that creditors need not exhaust the FSLIC's administrative claims procedure before asserting those claims in court.Coit,489 U.S. at ___,109 S.Ct. at 1364. Thus, the Supreme Court has overruled the basis for the district court's dismissal and our affirmance. Accordingly, we reverse the dismissal and remand for further proceedings consistent with the Supreme Court's opinion inCoit.

[2] REVERSED AND REMANDED.