Bender v. Centrust Mortgage Corporatio

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

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Nature of the Case

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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.