OPINION OF THE COURT
ALDISERT, Circuit Judge.
On June 19, 1992 in American National Red Cross v. S.G., ___ U.S. ___, 112 S.Ct. 2465, 120 L.Ed.2d 201 (1992) (S.G.), the Court considered whether the "sue and be sued" provision in the Red Cross congressional charter, 36 U.S.C. § 2, conferred original jurisdiction on federal courts. The Court framed the issue before it as follows:
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