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HELLON & ASSOCIATES, INC. v. PHOENIX RESORT CORP.

No. 90-16846.

958 F.2d 295 (1992)

HELLON & ASSOCIATES, INC., an Arizona corporation, Plaintiff-Appellee, v. PHOENIX RESORT CORPORATION, a Delaware corporation, Defendant, and Resolution Trust Corporation, in its capacity as federal conservator for former defendant, Lincoln Savings and Loan Association; Resolution Trust Corporation, Federal Receiver for Lincoln Savings and Loan Association, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1992.

Attorney(s) appearing for the Case

Daniel H. Kurtenbach, Office of General Counsel, Resolution Trust Corp., Washington, D.C., and David L. Abney, Stephen B. White and Mark A. Nadeau, Morrison, Hecker, Curtis, Kuder & Parrish, Phoenix, Ariz., for defendants-appellants.

Paul D. Julien and Sharmila Roy, Tucson, Ariz., for plaintiff-appellee.

Before FLETCHER, D.W. NELSON and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

The Resolution Trust Corporation (RTC), in its capacity as the receiver for Lincoln Savings & Loan Association (Lincoln) sought to remove this action to the United States District Court for the District of Arizona. It based its notice of removal on the general removal provision, 28 U.S.C. § 1441(a), and on the special RTC removal provision, 12 U.S.C. § 1441a(l)(3). The district court found that removal was improper under...

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