Bender v. Centrust Mortgage Corporation

51 F.3d 1027 (11th Cir. 1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

RTC succeeded to the ownership of D, a wholly owned subsidiary of CenTrust Federal Savings Bank when the latter failed. P is the former president of CenTrust Mortgage. RTC determined that P's contract with CenTrust Mortgage was burdensome, and repudiated it in accordance with the provisions of 12 U.S.C. § 1821(e)(1). P seeks damages from D and RTC on a variety of claims arising out of the allegedly improper repudiation of his employment relationship with D. The district court held that it lacked jurisdiction, under 12 U.S.C. § 1821(j), to grant P's claim for a preliminary injunction. For the same reason, it dismissed P's claim for a constructive trust. After P commenced this appeal, RTC sold D, in its entirety, to a third party.