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FEDERAL DEPOSIT INS. CORP. v. LOYD

Civ. A. No. CA3-88-2758-D.

744 F.Supp. 126 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for First RepublicBank Dallas, N.A., f/k/a First RepublicBank Oak Cliff, N.A. f/k/a InterFirst Bank Oak Cliff, N.A., and NCNB Texas National Bank, N.A., Plaintiffs, v. James A. LOYD, Johnny Barnes, and Bobbie N. Barnes, Defendants.

United States District Court, N.D. Texas, Dallas Division.

August 2, 1990.

Attorney(s) appearing for the Case

William Frank Carroll of Baker, Glast & Middleton, Dallas, Tex., for plaintiffs FDIC and NCNB.

James F. Mobley, Cedar Hill, Tex., for defendants Johnny Barnes and Bobbie N. Barnes.

FITZWATER, District Judge:

In this case the court holds that it retains the power to remand sua sponte an untimely removed civil action, notwithstanding a recent amendment to 28 U.S.C. § 1447(c), and that the action should be remanded.

I

On March 8, 1985 InterFirst Bank Oak Cliff, N.A. ("InterFirst") filed this suit in Texas state court against defendants James A. Loyd,1...

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