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F.D.I.C. v. O'MELVENY & MYERS

No. 90-55769.

61 F.3d 17 (1995)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver; American Diversified Savings Bank; ADC Financial Corp.; American Diversified Wells Park III, et al., Plaintiffs-Appellants, v. O'MELVENY & MYERS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1995.

Attorney(s) appearing for the Case

Jerome A. Madden, F.D.I.C., Washington, DC; Sharon L. O'Grady, Holman & O'Grady, San Francisco, CA, for plaintiffs-appellants.

Gregory R. Smith, Irell & Manella, Los Angeles, CA, for defendant-appellee.

Stephen M. Shapiro, Mayer, Brown & Platt, Chicago, IL, for amicus Business and Financial Lawyers in Support of the defendant-appellee.

Before POOLE, KOZINSKI and LEAVY, Circuit Judges.

PER CURIAM.

We are surprised to see this case back from the Supreme Court, having previously disposed of it largely on state law grounds — or so we thought. The Court didn't see it that way, suspecting us of having overlooked Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), by "adopting a special federal common-law rule divesting States of authority over the entire law of imputation." O'Melveny...

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