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RESOLUTION TRUST CORP. v. THOMAS
October 2, 1991
RESOLUTION TRUST CORPORATION, As Conservator of Red River Federal Savings and Loan Assn., F.A., Plaintiff,
BILLY J. THOMAS, et al., Defendants
The opinion of the court was delivered by: RICHEY
CHARLES R. RICHEY, UNITED STATES DISTRICT JUDGE
Before the Court is the Objection to Removal and Motion to Remand filed by defendants Billy J. Thomas and D. Jack Armstrong, and the plaintiff's opposition thereto. This case was removed by the plaintiff from the District Court of Woodward County, State of Oklahoma to this Court, pursuant to 12 U.S.C. § 1441a(l)(1), on May 28, 1991. The defendants filed their motion in opposition to the removal and to the Court's Order of June 4, 1991, directing that in the absence of objection the case would be transferred to the United States District Court for the Western District of Oklahoma pursuant to 28 U.S.C. § 1404(a).
Upon consideration of the submissions of the parties and the entire record herein, the Court finds that: (1) removal of the action to federal court was proper; (2) remand to state court is not warranted; and (3) for the convenience of the parties and witnesses, and in the interest of justice, this action shall be transferred to the United States District Court for the Western District of Oklahoma pursuant to 28 U.S.C. § 1404(a).
The initial petition in this action was filed on February 21, 1991 by Red River Federal Savings and Loan Association in the District Court of Woodward County in the State of Oklahoma. On May 21, 1991, the state district court issued an order granting the substitution of the Resolution Trust Corporation ("RTC") as conservator for Red River Federal Savings and Loan Association. On May 28, 1991, RTC filed a notice of removal pursuant to 12 U.S.C. § 1441a(l)(3), removing the action from the Oklahoma state court to this Court.
In its June 4, 1991 Order, this Court stated that in the absence of objection, the case would be transferred to the Western District of Oklahoma pursuant to 28 U.S.C. § 1404(a). The defendants subsequently filed their Objection to Removal and Motion to Remand.
In consideration of the defendants' objection and the plaintiff's motion to hold in abeyance transfer of this matter, the Court ruled on July 17, 1991 that it would hold in abeyance ruling on whether to transfer this matter pending its decision regarding Defendants' Objection to Removal and Motion to Remand.
The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA") gives the Resolution Trust Corporation removal powers. It states as follows:
The Corporation shall be substituted as a party in any civil action, suit, or proceeding to which its predecessor in interest was a party with respect to institutions which are subject to the management agreement dated February 7, 1989, among the Federal Savings and Loan Insurance Corporation, the ...
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