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WOBURN FIVE CENTS SAV. BANK v. ROBERT M. HICKS

No. 90-2018.

930 F.2d 965 (1991)

WOBURN FIVE CENTS SAVINGS BANK, et al., Plaintiffs, Appellees, v. ROBERT M. HICKS, INC., Defendant, Appellee. Federal Deposit Insurance Corporation, Plaintiff, Appellant.

United States Court of Appeals, First Circuit.

Decided April 22, 1991.

Attorney(s) appearing for the Case

Daniel H. Kurtenbach, Washington, D.C., Sr. Atty., Federal Deposit Ins. Corp., with whom Allen N. David, Lon A. Berk and Peabody & Arnold, Boston, Mass., were on brief, for plaintiff, appellant.

Joseph P. Donahue, Jr. with whom Andrea E. Saunders, Donahue & Donahue, Lowell, Mass., and Jerry E. Benezra, Melrose, Mass., were on brief, for defendant, appellee Robert M. Hicks, Inc.

Before CYR, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

This case requires us to determine whether the Federal Deposit Insurance Corporation (FDIC) is subject to the 30-day time limitation contained in the general removal statute, 28 U.S.C. § 1446(b), and, if so, when the clock begins to run on the FDIC's right to remove. The district court, applying the 30-day limitations period, concluded that the FDIC's removal was untimely. It consequently remanded the case to a Massachusetts superior...

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