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IN RE F.D.I.C.

Nos. 95-40207, 95-40230.

58 F.3d 1055 (1995)

In re FEDERAL DEPOSIT INSURANCE CORPORATION, Petitioner. UNITED STATES of America, Plaintiff, v. 11,950 ACRES OF LAND, MORE OR LESS, LOCATED IN CAMERON COUNTY, TEXAS, Defendant, First Heights Bank, Defendant-Counter Claimant, State of Texas; Cameron County Tax Assessor-Collector, Defendants, and Pacific Union Company, Defendant-Appellee. POINT ISABEL INDEPENDENT SCHOOL DISTRICT, Cross Claimants-Appellees, v. FEDERAL DEPOSIT INSURANCE CORPORATION, As Manager of the FSLIC Resolution Fund (FDIC), Cross Defendant-Appellant. Joe G. Sanders, Trustee, Kathy Grady, C.L. Ballard, Playa del Rio Inc., KMG Enterprises, Defendants, and Pacific Union Company, Cross Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 1995.

Attorney(s) appearing for the Case

H. Mark Baggett, F.D.I.C. Legal Div., Dallas, TX, Nick Turner, Patrick McGlone, Lawrence H. Richmond, Thomas A. Schulz, Asst. Atty. Gen., F.D.I.C., Legal Div., Washington, DC, for F.D.I.C. in No. 95-40207.

John William Black, pro se.

Gaynelle Griffin Jones, U.S. Atty., Houston, TX, Charles William Wendlandt, Jr., Corpus Christi, TX, for U.S.

H. Miles Cohn, Houston, TX, for First Heights Bank.

Gordon M. Shapiro, Jackson & Walker, Dallas, TX, for Pacific Union Co.

Richard David Schell, Fleuriet & Schell, Harlingen, TX, for Joe G. Sanders.

Bill Edwin Davis, Houston, TX, for Porchie F. Grady, C.L. Ballard, Playa Del Rio Inc. and KMG Enterprises in No. 95-40207.

Michael Lee Diehl, Austin, TX, for Rio Grande Sav. & Loan Ass'n and Jorge A. Gutierrez.

H. Mark Baggett, FDIC Legal Div., Dallas, TX, Nick Turner, Lawrence H. Richmond, F.D.I.C. Legal Div., Washington, DC, for F.D.I.C. in No. 95-40230.

Bill Edwin Davis, Houston, TX, for C.L. Ballard, Playa Del Rio Inc. and KMG Enterprises in No. 95-40230.

Before JOLLY and BENAVIDES, Circuit Judges, and FITZWATER, District Judge.

FITZWATER, District Judge:

This petition for a writ of mandamus challenges an order of a magistrate judge declining to quash notices of deposition issued to three members of the Board of Directors of the Federal Deposit Insurance Corporation ("FDIC"). The question presented is whether the magistrate judge clearly abused his discretion by permitting the depositions in the absence of findings of, and of a basis to find, exceptional circumstances. We hold that he did...

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