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SIERRA CLUB, LONE STAR CHAPTER v. F.D.I.C.

No. 93-7062.

992 F.2d 545 (1993)

SIERRA CLUB, LONE STAR CHAPTER, et al., Plaintiffs-Appellees, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 8, 1993.

Attorney(s) appearing for the Case

Nick Turner, Houston, TX, Sharon Powers Siversten, Michael Krimminger, Richard Osterman, Jr., Ann DuRoss, Washington, DC, Chaves, Gonzales & Rodriguez, Carla Saenz, Harlingen, TX, Jerome Madden, FDIC, Washington, DC, for defendant-appellant.

Edward Stapleton, III, Brownsville, TX, David Frederick, Melinda Taylor, Henry Kelly & Lowerre, Austin, TX, for plaintiffs-appellees.

Before JOLLY and DAVIS, Circuit Judges, and BRAMLETTE, District Judge.

E. GRADY JOLLY, Circuit Judge:

The issue before us is whether the district court erred in enjoining the FDIC from approving the sale of an environmentally sensitive tract of land in South Texas. The FDIC acquired an interest in the land when it became the receiver of a failed bank. The FDIC sold the bank's assets to Heights Bank; still, the FDIC remained liable for losses Heights suffered on the sale of certain assets, provided the FDIC approved the sale in...

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