F.D.I.C. v. Klinack

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, as receiver for Citizens Savings & Loan Association, Plaintiffs-Appellees, v. KLINACK, an Oregon partnership; Hugh Richard White; Bruce E. Douglas; Jack C. Bailes; Michael M. Truax, Defendants-Appellants. No. 92-35608. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1994. Decided Feb. 24, 1994. 1 Before: POOLE and TROTT, Circuit Judges, and KING, District Judge * . 2 MEMORANDUM ** 3 Klinack appeals a grant of summary judgment in favor of the FDIC. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we reverse and remand. 4 The district court ruled that Klinack's affirmative defense and counterclaim were barred by FIRREA's statute of limitations. See 12 U.S.C. Sec. 1821 (d). However, on appeal, the FDIC conceded the district court erred. An emergency regulation promulgated on March 24, 1989 required claimants to wait 180 days after filing…