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KIRKBRIDE v. CONTINENTAL CAS. CO.

No. C-88-2932 JPV.

696 F.Supp. 496 (1988)

Bruce and Barbara KIRKBRIDE, Plaintiffs, v. CONTINENTAL CASUALTY CO., et al., Defendants. Ray WONG, Plaintiff, v. AMERICAN CASUALTY CO., et al., Defendants. AMERICAN CASUALTY CO. and Continental Casualty Co., Cross- and Counter-Complainants, and Third Party Plaintiffs, v. David L. BUTLER, et al., Cross-, Counter- and Third Party Defendants.

United States District Court, N.D. California.

October 4, 1988.

Attorney(s) appearing for the Case

Susan Illston, Cotchett & Illston, Burlingame, Cal., for counter-defendants Bruce and Barbara Kirkbride.

David C. Jones, Cooley, Godward, Castro, Huddleson & Tatum, San Francisco, Cal., for third party defendant FSLIC.

Gary R. Selvin, Moore, Clifford, Wolfe, Larson & Trutner, Oakland, Cal., for cross-and counter-complainants, and third party plaintiffs American Cas. Co. of Reading, Pa. and Continental Cas. Co.

Jeffrey N. Haney and Brian W. Walsh, Bishop, Barry, Howe, Haney & Ryder, San Francisco, Cal., for cross-defendant Commercial Union Ins. Co.

Patrick J. Richard and Robin L. Harris, Severson, Werson, Burke & Melchior, San Francisco, Cal., for cross-defendant Fred S. James & Co.

Reed R. Kathrein, Law Offices of David Gold, San Francisco, Cal., for counter-defendant Ray Wong.

MEMORANDUM OF OPINION AND ORDER REMANDING CASE TO STATE COURT

VUKASIN, District Judge.

I. INTRODUCTION

Third party defendant Federal Savings and Loan Insurance Corporation ("FSLIC") removed this case to this Court pursuant to 12 U.S.C. § 1730(k)(1)(C). The Kirkbrides and Wong, plaintiffs and counter-defendants ("plaintiffs"), moved this Court to remand. This Court remands the action because 1) it is not clear that the FSLIC was named in its...

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