United States Fifth Circuit

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Adair v. Lease Partners, Inc., 08-60674

In an appeal from an order remanding the case to state court in an action in which the FDIC had been a party but was subsequently dismissed, the order is reversed where the district court had no authority to remand the case because 12 U.S.C. section 1819(b)(2) continued to provide original jurisdiction over all claims in the case, even after the FDIC's dismissal.

Appellate Information

  • Decided 10/29/2009
  • Published 10/29/2009

Judges

  • REAVLEY, Circuit Judge:, Before REAVLEY, JOLLY, and WIENER, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Roy Hamilton Liddell, Trey Christian Dellinger (argued), Wells, Marble & Hurst, Ridgeland, MS, for Lease Partners, Inc., and Appellant., James Patrick Caldwell (argued), Kevin Bryan Smith, Riley, Caldwell, Cork & Alvis, P.A., Tupelo, MS, for Bancorpsouth Bank.

  • For Appellees:
  • Paul N. Davis (argued), Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, for Plaintiffs-Appellees.