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BANK OF NEW ENGLAND — OLD COLONY, N.A. v. CLARK

Civ. A. No. 91-408L.

796 F.Supp. 633 (1992)

BANK OF NEW ENGLAND — OLD COLONY, N.A., and Federal Deposit Insurance Corp., as Receiver, Plaintiffs v. R. Gary CLARK, Tax Administrator of the State of Rhode Island, Defendant.

United States District Court, D. Rhode Island.

June 15, 1992.

Attorney(s) appearing for the Case

Mark A. Pogue, Alfred Samuel Lombardi, Edwards & Angell, Providence, R.I., for plaintiffs.

Bernard J. Lemos, Marcia McGair Ippolito, R.I. Div. of Taxation, Providence, R.I., for defendant.

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

I. INTRODUCTION

This case presents a thought-provoking issue arising out of an apparent conflict between the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), 12 U.S.C. § 1819 (1988 & Supp. I 1989), and the principles of comity and abstention embodied in the Tax Injunction Act of 1937, 28 U.S.C. § 1341 (1988). Plaintiffs are the Bank of New England —...

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