Federal Deposit Insurance Corporation v. Nichols

885 F.2d 633 58 USLW 2225 FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Plaintiff-Appellant, v. Jerrie R. NICHOLS, individually and dba: Bay Business, King & I Shoppe, Defendant, and Downey Savings & Loan Association, Defendant-Appellee. No. 88-6040. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 3, 1989. Decided Sept. 15, 1989. John J. Wessling, Federal Deposit Ins. Corp., Legal Div., Irvine, Cal., for plaintiff-appellant. Mark E. Aronson, Anderson, McPharlin & Conners, Los Angeles, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before WALLACE and FLETCHER, Circuit Judges, and MUECKE, * District Judge. WALLACE, Circuit Judge: 1 The Federal Deposit Insurance Corporation (FDIC) appeals from a judgment of dismissal in favor of defendant Downey Savings and Loan Association (Downey). The district court's subject matter jurisdiction, which is disputed in this case, was invoked under 12 U.S.C. Sec. 1819 (Fourth). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We reverse and remand. 2 * The procedural backdrop to this case is…