Fidelity Financial Corporation v. Federal Savings and Loan Insurance Corporation
Opinion
Opinion
Noonan, J.
On December 6, 1985 Fidelity Financial Corporation (Fidelity) brought suit in the superior court of Alameda County against the Federal Savings and Loan Insurance Corporation (FSLIC), Citicorp Savings and Loan Association (Citicorp), Fidelity Federal Savings and Loan Association (Fidelity Federal), and two Saving and Loan Commissioners (one past, one present) of the State of California. Citicorp, joined by FSLIC, removed to the federal district court. Fidelity moved to remand to the state court but before any hearing on this motion moved to dismiss its suit voluntarily. The defendants also moved to dismiss. After a hearing on all three motions on August 28, 1986, the district court denied Fidelity’s motion for voluntary dismissal; ruled that removal to the federal court was proper under 12 U.S.C. § 1730 (k)(l); dismissed the case against FSLIC on the ground the court lacked jurisdiction because Fidelity had not first sought relief from the Federal Home Loan Bank Board (the Board). 12 U.S.C. § 1464 (d)(6)(C). On September 9,1987 judgment was entered in favor of all defendants. Fidelity appealed but eventually dismissed its appeal as to all defendants except FSLIC.