SUNSHINE DEVELOPMENT, INC. v. F.D.I.C.

No. 94-1509.

33 F.3d 106 (1994)

SUNSHINE DEVELOPMENT, INC., et al., Plaintiffs, Appellees, v. FEDERAL DEPOSIT INSURANCE CORPORATION, As Liquidating Agent for First Service Bank for Savings, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 22, 1994.


Attorney(s) appearing for the Case

Gregory E. Gore, Counsel, with whom Ann S. DuRoss, Asst. Gen. Counsel, Robert D. McGillicuddy, Sr. Counsel, Michelle Kosse, Counsel, Washington, DC, Steven A. Solomon, and Backus, Meyer & Solomon, Manchester, NH, were on brief, for appellant.

Dennis G. Bezanson, Portsmouth, NH, for appellees.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LAGUEUX, District Judge.


SELYA, Circuit Judge.

This appeal requires us to determine the scope of the immunity from injunctions granted to the Federal Deposit Insurance Corporation (FDIC) under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), Pub.L. 101-73, 103 Stat. 183 (Aug. 9, 1989), in the context of bankruptcy proceedings. After sketching how Congress intended FIRREA to operate, and clarifying the source and extent of bankruptcy courts' powers to manage...

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