95 Cal. Daily Op. Serv. 5839, 95 Daily Journal D.A.R. 9981 Federal Deposit Insurance Corporation, as Receiver American Diversified Savings Bank Adc Financial Corp. American Diversified Wells Park III v. O'Melveny & Myers

61 F.3d 17 95 Cal. Daily Op. Serv. 5839 , 95 Daily Journal D.A.R. 9981 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. No. 90-55769. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 25, 1995. Decided July 26, 1995. 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. On Remand from the United States Supreme Court. Before POOLE, KOZINSKI and LEAVY, Circuit Judges. PER CURIAM. 1 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…