Court of Appeals for the Ninth Circuit September 15, 1989, No. 88-6040 (Federal Deposit Insurance v. Nichols)

WALLACE, Circuit Judge:

The Federal Deposit Insurance Corporation (FDIC) appeals from a judgment of dismissal in favor of defendant Downey Savings and Loan Association (Downey). The district court’s subject matter jurisdiction, which is disputed in this case, was invoked under 12 U.S.C. § 1819 (Fourth). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291.