Circle Indus. v. City Fed. Sav. Bank, 931 F.2d 7 (1st Cir. 1991). · Go Syfert
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Circle Indus. v. City Fed. Sav. Bank, 931 F.2d 7 (1st Cir. 1991). Cases Citing This Book View Copy Cite
“in enacting firrea, congress intended litigants like circle industries to first submit their claims against failed savings and loan institutions to the rtc or fdic before commencing an action in district court.”
79 citation events (4 in the last 25 years) across 39 distinct courts.
Strongest positive: 2974 Properties, Inc. v. Resolution Trust Corp. (calctapp, 1994-03-14)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
examined Cited as authority (quoted) 2974 Properties, Inc. v. Resolution Trust Corp.
Cal. Ct. App. · 1994 · quote attribution · 1 verbatim quote · confidence low
in enacting firrea, congress intended litigants like circle industries to first submit their claims against failed savings and loan institutions to the rtc or fdic before commencing an action in district court.
discussed Cited as authority (rule) Davidson v. Saul
N.D. Cal. · 2020 · confidence medium
In the second, extraordinary circumstances beyond plaintiffs’ control 6 made it impossible to file the claims on time.” Seattle Audubon Soc’y v. Robertson, 931 F.2d 7 590, 595 (9th Cir. 1991). 8 Nothing in the record indicates any wrongful conduct by the SSA.
cited Cited as authority (rule) Joyal v. Hanover Ins.
D.N.H. · 2000 · confidence medium
Church’s Fried Chicken, Inc., 931 F.2d 7 1379, 1388 (10th Cir. 1991)).
cited Cited as authority (rule) Simms v. Biondo
E.D.N.Y · 1992 · confidence medium
Circle Industries, 931 F.2d at 8; Elman, 949 F.2d at 625-28 .
cited Cited as authority (rule) The Resolution Trust Corp. v. Leonard S. Elman Berger, Steingut, Tarnoff & Stern
2d Cir. · 1991 · confidence medium
Bank, 931 F.2d 7, 8 (2d Cir.1991).
cited Cited "see" Purcell v. Federal Deposit Insurance Corp. (In Re Purcell)
Bankr. D. Vt. · 1992 · signal: see · confidence high
See Circle Industries, Division of Nastasi-White, Inc. v. City Federal Savings Bank, 931 F.2d 7, 8 (2d Cir.1991).
discussed Cited "see" Talmo v. Federal Deposit Ins. Corp.
S.D. Fla. · 1991 · signal: see · confidence high
See Circle Industries, Division of Natasi-White, Inc. v. City Federal Savings Bank, 749 F.Supp. 447 (E.D.N.Y.1990), aff'd 931 F.2d 7 (2d Cir.1991). 5 It is therefore clear that although the claims procedure set forth in § 1821(d) allows the continuation of an action against a failed depository institution commenced pri- or to the appointment of FDIC as receiver, it also requires that the claim sought to be adjudicated in such action first be presented to FDIC as Receiver for administrative review.
discussed Cited "see" William C. Feinstein v. Resolution Trust Corporation, Etc. (2×)
1st Cir. · 1991 · signal: see · confidence high
See generally Circle Industries, Div. of Nastasi-White, Inc. v. City Federal Savings Bank, 931 F.2d 7 , 8 (2d Cir.1991) (per curiam) (discussing exhaustion requirement).
discussed Cited "see, e.g." City of New York v. Federal Deposit Insurance
S.D.N.Y. · 1999 · signal: see also · confidence medium
FIRREA explicitly provides that: Except as otherwise provided in this subsection, no court shall have jurisdiction over any claim or action for payment from, or any action seeking a determination of rights with respect to, the assets of any depository institution for which the [FDIC] has been appointed receiver, including assets which the [FDIC] may acquire from itself as such receiver; or any claim relating to any act or omission of such institution or the [FDIC] as receiver. 12 U.S.C. § 1821 (d)(13)(D); see also Resolution Trust Corp. v. Elman, 949 F.2d 624, 627 (2d Cir.1991) (“a claimant…
Retrieving the full opinion text from the archive…
Circle Industries, Division of Nastasi-White, Inc.
v.
City Federal Savings Bank, Crestmont Savings and Loan Association, Elysian Federal Bank, Colonial Savings Bank, National Westminster Bank Nj, First Jersey Savings and Loan Association, Statewide Savings Bank, Alexander Hamilton Savings and Loan Association, Interboro Savings and Loan Association, Nutley Savings and Loan Association, Lakeview Savings and Loan Association, Pulawski Savings and Loan Association, West Essex Savings Bank, Columbia Savings and Loan Association, and First Nationwide Federal Savings Bank
1336.
Court of Appeals for the First Circuit.
Apr 25, 1991.
931 F.2d 7
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 62%
Citer courts: California Court of Appeal (1)

931 F.2d 7

CIRCLE INDUSTRIES, DIVISION OF NASTASI-WHITE, INC.,
Plaintiff-Appellant,
v.
CITY FEDERAL SAVINGS BANK, Crestmont Savings and Loan
Association, Elysian Federal Bank, Colonial Savings Bank,
National Westminster Bank NJ, First Jersey Savings and Loan
Association, Statewide Savings Bank, Alexander Hamilton
Savings and Loan Association, Interboro Savings and Loan
Association, Nutley Savings and Loan Association, Lakeview
Savings and Loan Association, Pulawski Savings and Loan
Association, West Essex Savings Bank, Columbia Savings and
Loan Association, and First Nationwide Federal Savings Bank,
Defendants-Appellees.

No. 1336, Docket 90-9029.

United States Court of Appeals,
Second Circuit.

Submitted March 28, 1991.
Decided April 25, 1991.

Appeal from a judgment of the United States District Court for the Eastern District of New York, Arthur D. Spatt, Judge.

1

Shaw, Licitra, Esernio & Schwartz, Garden City, N.Y. (Edward P. Frey, Joel L. Carr, Garden City, N.Y., of counsel), for plaintiff-appellant Circle Industries.

2

Sills Cummis Zuckerman Radin Tischman Epstein & Gross, New York City, for Resolution Trust Corp. as Receiver of defendant-appellee City Federal Sav. Bank.

3

Cassidy, Foss & San Filippo, Red Bank, N.J., for Resolution Trust Company as Receiver of defendants-appellees Colonial Sav. Bank, Elysian Federal Bank, First Jersey Savings and Loan Association, and Alexander Hamilton Savings and Loan Association (Theodore L. Abeles, New York City, Paul G. Kostro, Red Bank, N.J., Richard T. Aboussie, Asst. Gen. Counsel, Thomas L. Hindes, Sr. Counsel, Michael P. Condon, Counsel, Resolution Trust Corp., Washington, D.C., Ann S. DuRoss, Asst. Gen. Counsel, Colleen Bombardier, Sr. Counsel, Christopher J. Bellotto, Counsel, Federal Deposit Ins. Corp., Washington, D.C., of counsel).

4

Clapp & Eisenberg, Newark, N.J. (Jeffrey W. Lorell, Newark, N.J., of counsel), filed a letter on behalf of defendants-appellees First Jersey Sav. and Loan Ass'n, Statewide Sav. Bank, Alexander Hamilton Sav. and Loan Ass'n, Nutley Sav. and Loan Ass'n, Lakeview Sav. and Loan Ass'n, Pulawski Sav. and Loan Ass'n, West Essex Sav. Bank and First Nationwide Federal Sav. Bank, joining parts of brief of Resolution Trust Corp.

5

Schumann, Hanlon, O'Connor & McCrossin, Jersey City, N.J. (William D. Joachim, Jersey City, N.J., of counsel), filed a letter on behalf of defendant-appellee Columbia Sav. and Loan Ass'n, joining brief of Resolution Trust Corp.

6

Before OAKES, Chief Judge, and KEARSE and McLAUGHLIN, Circuit Judges.

PER CURIAM:

7

Plaintiff Circle Industries ("Circle") appeals from a final judgment of the United States District Court for the Eastern District of New York, Arthur D. Spatt, Judge, dismissing its complaint seeking damages from defendant finanial institutions in connection with the financing of a real estate development project for which defendant City Federal Savings Bank ("City Federal") was lead lender. Noting that the Resolution Trust Corporation ("RTC"), a federal agency, had been appointed receiver for City Federal and for defendants Colonial Savings Bank ("Colonial") and Elysian Federal Bank ("Elysian"), the court dismissed the complaint against City Federal, Colonial, and Elysian for lack of subject matter jurisdiction because Circle had failed to exhaust the administrative claim determination procedures mandated by Sec. 212 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"), P.L. 101-73, 103 Stat. 183, see 12 U.S.C.A. Sec. 1821(d)(3) et seq. (West 1989); the court dismissed the complaint against the remaining defendants on the ground that City Federal was an indispensable party. On appeal, Circle contends principally that FIRREA does not require administrative exhaustion of Circle's claims against the institutions for which RTC is receiver. We reject all of its contentions and affirm substantially for the reasons stated by Judge Spatt in his opinion dated October 16, 1990, published at 749 F.Supp. 447.

8

The judgment dismissing the complaint is affirmed.