CARROLLTON-FARMERS BRANCH IND. SCH. DIST. v. FDIC

Civ. A. No. CA3-87-2001-D.

776 F.Supp. 1180 (1991)

CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT and City of Farmers Branch, Counterdefendants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC Resolution Fund, as Receiver for First Savings and Loan Association of Burkburnett, Texas, Counterplaintiff.

United States District Court, N.D. Texas, Dallas Division.

November 1, 1991.


Attorney(s) appearing for the Case

Earl Luna (argued) and Tana K. Van Hamme of Law Offices of Earl Luna, P.C., Dallas, Tex., for Carrollton-Farmers Branch Ind. Sch. Dist.

Christopher J. Caso and S. Reid Heller (argued) of Hutchison Boyle Brooks & Fisher, Dallas, Tex., for City of Farmers Branch, Tex.

Lawrence H. Richmond (argued), FDIC Counsel, Washington, D.C. and Robert B. Wellenberger of Thompson, Coe, Cousins & Irons, Dallas, Tex., for FDIC.


FITZWATER, District Judge:

In this civil action, the court must decide whether ad valorem tax penalty liens that attach to real property prior to a Federal Deposit Insurance Corporation ("FDIC") receivership are extinguished by the receivership. The court concludes the liens are not extinguished and that they remain upon the property until released in accordance with applicable state or local law.

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