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IN RE SOUTHERN INDUS. BANKING CORP.

Nos. 87-6102 to 87-6104.

872 F.2d 1257 (1989)

In re SOUTHERN INDUSTRIAL BANKING CORPORATION d/b/a DAVECO. Thomas E. DuVOISON, Liquidating Trustee-Appellee (87-6102), Liquidating Trustee-Appellant, (87-6103/04), v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver (for Ten Failed Banks), Defendant-Appellant, (87-6102), Defendant-Appellee, (87-6103/04).

United States Court of Appeals, Sixth Circuit.

Decided April 19, 1989.

Attorney(s) appearing for the Case

Anne C. Sanders, D. Michael Tranum, Joseph G. Murray, Federal Deposit Ins. Corp., Knoxville, Tenn., Michael E. Tucci (argued), for Federal Deposit Ins. Corp.

James R. Kelley (argued), Dearborn and Ewing, Nashville, Tenn., Gregory D. Smith, Nashville, Tenn., for Thomas E. DuVoison.

Before RYAN and NORRIS, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

This appeal requires us to determine the limits of the jurisdiction of district courts over cases to which the Federal Deposit Insurance Corporation (FDIC) is a party. In making this determination we must construe and apply 12 U.S.C. § 1819 Fourth, which provides in relevant part:

[T]he Corporation [FDIC] ... shall have power —

Fourth. To sue and be sued, complain and defend, in any court of law or equity...

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