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SPRING GARDEN ASSOCIATES v. RESOLUTION TRUST CORP.

No. 93-1323.

26 F.3d 412 (1994)

SPRING GARDEN ASSOCIATES, L.P., Appellant, v. RESOLUTION TRUST CORPORATION, in its Capacity as Receiver of Bell Federal Savings Bank, PA S.A.; Jay M. Gross; Nathaniel D. Gross; Gary L. Wilson.

United States Court of Appeals, Third Circuit.

Decided June 6, 1994.

Attorney(s) appearing for the Case

Francis X. Clark (argued), John H. Kiefel, Silverman, Clark & Van Galen, P.C., King of Prussia, PA, for appellant.

P. Matthew Sutko (argued), Sheila Kraft Budoff, Washington, DC, Cynthia Nimerichter, Northeast Consolidated Office, Valley Forge, PA, Bruce S. Haines, Cohen, Shapiro, Polisher, Shiekman and Cohen, Philadelphia, PA, for The Resolution Trust Corp. in its capacity as Receiver of Bell Federal Sav. Bank, PA S.A.

Before STAPLETON and SCIRICA, Circuit Judges, and SMITH, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA") authorizes the Resolution Trust Corporation ("RTC") to remove certain actions from state court to federal court:

The Corporation, in any capacity and without bond or security, may remove any action, suit, or proceeding from a State court to the United States district court with jurisdiction over the place where the action...

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