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

No. 92-1876.

986 F.2d 600 (1993)

BANK OF NEW ENGLAND OLD COLONY, N.A., Plaintiff, Appellant, v. R. Gary CLARK, Tax Administrator, for the State of Rhode Island, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 2, 1993.

Attorney(s) appearing for the Case

Lawrence H. Richmond, Counsel, F.D.I.C., with whom Ann S. DuRoss, Asst. Gen. Counsel, Colleen B. Bombardier, Sr. Counsel, David N. Wall, Sr. Counsel, F.D.I.C., Mark A. Pogue, Alfred S. Lombardi and Edwards & Angell, were on brief, for appellant F.D.I.C., as receiver, for New Bank of New England, N.A.

Bernard J. Lemos, Legal Officer (Taxation), with whom Marcia McGair Ippolito, Chief Legal Officer (Taxation), was on brief, for appellee.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

TORRUELLA, Circuit Judge.

In this appeal we must resolve a seemingly irreconcilable clash between two statutes. One vests the Federal Deposit Insurance Corporation ("FDIC") with the power to remove "any action, suit, or proceeding" to federal court. 12 U.S.C. § 1819(b)(2)(B). The other commands that the district court "shall not" grant relief in cases involving issues of state tax law. 28 U.S.C. § 1341. In this...

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