Federal Deposit Ins. Corp. v. Mulkey

892 F.2d 1045 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee, v. R. David MULKEY; Phyllis E. Mulkey; Robert J. Wright, Defendants-Appellants, and Internal Revenue Service; U.S. Department of the Treasury, Defendants. No. 88-3793. United States Court of Appeals, Ninth Circuit. Submitted Oct. 31, 1989. * Decided Dec. 22, 1989. Before EUGENE A. WRIGHT, TANG and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Robert Wright appeals the district court's order dismissing his cross-claim against the Internal Revenue Service ("IRS") and the court's subsequent order remanding this case to the Oregon state court. The district court dismissed Wright's cross-claim against the IRS because the cross-claim failed to state sufficient facts upon which to base a mandamus order. Subsequently, the district court ruled that it had no basis for federal jurisdiction over the suit once the IRS had been dismissed and the court…