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SIMON v. CEBRICK

No. 94-5429.

53 F.3d 17 (1995)

Betty SIMON, Trustee, Appellant, v. Janet CEBRICK; Ronald Cebrick; State of New Jersey; Parliament Leasing Corporation; Clayton N. Sterling Associates, Inc., a N.J. Corp.; William T. Hiering, P.C.; Raymond A. Birchler, Realtor; General Medical New Jersey; Donald B. Whiteman, d/b/a Donald B. Whiteman Agency; AFCO Credit Corporation; Marta Ditchkus; Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River; Unknown Owners, Unknown Claimants, their heirs, devisees and personal representatives, and their or any of their successors in right, title and interest.

United States Court of Appeals, Third Circuit.

Decided April 26, 1995.

Attorney(s) appearing for the Case

Ben J. Slavitt (argued), Ronald G. Schecter, Slavitt, Fish & Cowen, P.A., Newark, NJ, for appellant.

Ann S. Duross, Asst. Gen. Counsel, Richard J. Osterman, Jr., Sr. Counsel, E. Whitney Drake (argued), Sp. Counsel, FDIC, Washington, DC, Jeanette F. Frankenberg, North Brunswick, NJ, for appellee FDIC.

Before: HUTCHINSON, ALITO and SAROKIN, Circuit Judges.

OPINION OF THE COURT

SAROKIN, Circuit Judge.

The question presented is whether mortgages held by the FDIC can be extinguished without the FDIC's consent through foreclosure of plaintiff's superior real estate tax liens. We hold that the district court correctly interpreted and applied 12 U.S.C. § 1825(b)(2) to protect the FDIC's lien interests from foreclosure. Additionally, we hold that the Tax Injunction Act...

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