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|NATIONAL CREDIT UNION ADMINISTRATION BOARD, acting in
its capacity as liquidating agent for St. Paul Croatian Federal
Plaintiff-Appellee/Cross-Appellant (14-4297 & 15-3324),
Defendant-Appellant/Cross-Appellee (14-4297 & 15-3324),
BARA JURCEVIC; STACK CONTAINER SERVICE, INC.,
| Nos. 14-4297/ 15-3324/ 17-3162|
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:14-cv-00926—Donald C. Nugent, District Judge.
Argued: August 3, 2017
Decided and Filed: August 11, 2017
Before: SUTTON, McKEAGUE, and THAPAR, Circuit Judges.
SUTTON, Circuit Judge. The National Credit Union Administration Board accused Stan
and Bara Jurcevic and their privately owned company, Stack Container Service, of fraudulently
obtaining loans from St. Paul Croatian Federal Credit Union. In response, the district court
enjoined Stan Jurcevic from disposing of all of his assets, save living expenses, before the trial
over these allegations. It also dismissed the Board’s tort claims as time barred under the relevant
federal statute and dismissed its unjust enrichment claims against Bara Jurcevic and Stack
Container as insufficiently pleaded. Both sides appealed.
Because the district court properly employed the preliminary injunction factors, we
affirm the asset freeze. But because the district court did not consider both potential accrual
dates under the limitations statute, we remand for further consideration of the timeliness of the
tort claims. And a full review of the Board’s complaint requires us to reverse the district court’s
conclusion as to the unjust enrichment claims against Bara Jurcevic and Stack Container. We
thus affirm in part and reverse in part.