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IRVING INDEP. SCHOOL DIST. v. PACKARD PROPERTIES

Nos. 91-1582, 91-7397.

970 F.2d 58 (1992)

IRVING INDEPENDENT SCHOOL DISTRICT, Plaintiff-Appellee Cross-Appellant, County of Dallas, Intervening Plaintiff-Appellee Cross-Appellant, v. PACKARD PROPERTIES, et al., Defendants, The Federal Deposit Insurance Corporation, as Receiver for Vernon Savings and Loan Association, FSA, Defendant-Appellant Cross-Appellee. CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT and City of Farmers Branch, Plaintiffs-Counter Defendants-Appellees, v. JOHNSON & CRAVENS, 13911, INC., et al., Defendants, Federal Deposit Insurance Corporation, as Manager of the FSLIC Resolution Fund, as Successor to the Federal Savings and Loan Insurance Corporation, as Receiver for First Savings Association of Burkburnett, Texas, Defendant-Counter Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

September 1, 1992.

Attorney(s) appearing for the Case

Arter & Hadden, Dallas, Tex., for appellant.

Lawrence H. Richmond, Atty., FDIC Legal Div., Ann S. Duross, Asst. Gen. Counsel, Colleen B. Bombardier, Sr. Counsel, Washington, D.C., for FDIC.

Christopher J. Caso, James W. Deatherage, Power, Deatherage, & Tharp & Blankenship, Irving, Tex., for Irving Ind. Schl.

Scott Kevin Joslove, Asst. Gen. Counsel, Texas Mun. League, Austin, Tex., for Amicus Texas Mun. League and Tx. City Atty's Ass'n.

Sydna H. Gordon, DeMetris A. Sampson, Michael W. Deeds, Heard, Goggan, Blair & Williams, Dallas, Tex., for County of Dallas.

Earl Luna, Tana K. VanHamme, Michael L. Atchley, Dallas, Tex., for Carrollton-Farmers.

S. Reid Heller, Hutchison, Boyle Brooks & Fisher, Dallas, Tex., for Farmers Branch.

Before WISDOM, REYNALDO G. GARZA, and JONES, Circuit Judges.

WISDOM, Circuit Judge.

In these consolidated cases, the statutory privilege protecting the FDIC (Federal Deposit Insurance Corporation) from certain state tax penalties intersects the ability of state and local taxing authorities to enforce valid pre-existing liens on properties that the FDIC has acquired. When the FDIC acquires property, section 15(b) of the Federal Deposit Insurance Act, 12 U.S.C. § 1825(b), exempts the FDIC itself from having to pay penalties...

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