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NCNB TEXAS NAT. BANK v. FENNELL

No. 91-1208.

933 F.2d 275 (1991)

NCNB TEXAS NATIONAL BANK, et al., Plaintiffs, Federal Deposit Insurance Corporation, Receiver of First RepublicBank Abilene, N.A., formerly known as Inter-First Bank Abilene, N.A., Plaintiff-Appellant, v. Wendell L. FENNELL and Celina T. Fennell, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 28, 1991.

Attorney(s) appearing for the Case

Charles L. Black, Wagstaff, Alvis, Stubbeman, Seamster & Longacre, Abilene, Tex., for plaintiff-appellant.

Jeffrey Conner, Lubbock, Tex., for defendants-appellees.

Wendell L. Fennell & Celina T. Fennell, Abilene, Tex., pro se.

Before POLITZ, DAVIS, and BARKSDALE, Circuit Judges.

BY THE COURT:

IT IS ORDERED that appellant's motion for stay and injunction pending appeal of remand order is GRANTED. Pursuant to 12 U.S.C. § 1819(b)(2)(C), the FDIC may appeal the remand order at issue in its appeal to this court; this is an exception to the general rule that remand orders are not reviewable. See 28 U.S.C. § 1447(d). Accordingly, the remand should be stayed pending...

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