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SUNBELT SAV. v. BENT TRAIL PHASE IV JOINT VENTURE

No. 89-7087 Summary Calendar.

907 F.2d 1569 (1990)

SUNBELT SAVINGS, FSB, Plaintiff-Counter Defendant-Appellee, and Federal Deposit Insurance Corporation, Receiver for Independent American Savings Association, F.S.L.A., Intervening Plaintiff-Appellee, v. BENT TRAIL PHASE IV JOINT VENTURE, et al., Defendant-Counter Plaintiffs-Appellants.

United States Court of Appeals, Fifth Circuit.

August 9, 1990.

Attorney(s) appearing for the Case

Stephen A. Coke and Richard W. Winn, Wesner, Coke, Boyd & Clymer, Dallas, Tex., for Bent Trail, et al.

C. Michael Moore and James A. Fisher, Locke, Purnell, Rain, Harrell, Dallas, Tex., for Sunbelt Sav., FSB.

Jordan Luke, Gen. Counsel, Richard J. Osterman, Jr., and John P. Parker, Deputies Gen. Counsel, Washington, D.C. for FDIC.

Before KING, GARWOOD and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

This case requires that we resolve two issues:

1. Does passage of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) grant jurisdiction to a district court to reconsider its order of remand entered after the passage of the act?

2. If so, does this violate due process?

We answer the first question in the affirmative, the second in the negative, and, therefore, affirm the district court...

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