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BRANCH BANKING & TRUST CO. v. F.D.I.C.

No. 98-1558.

172 F.3d 317 (1999)

BRANCH BANKING & TRUST COMPANY, a bank chartered under the laws of North Carolina; Branch Banking & Trust Company of South Carolina, a bank chartered under the laws of South Carolina, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, an agency of the United States of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1999.

Attorney(s) appearing for the Case

ARGUED: Joel G. Chefitz, Katten, Muchin & Zavis, Chicago, Illinois, for Appellants. Barbara Reesa Sarshik, Federal Deposit Insurance Corporation, Washington, D.C., for Appellee. ON BRIEF: Robert K. Niewijk, Katten, Muchin & Zavis, Chicago, Illinois; J. Robert Elster, Richard S. Gottlieb, Kilpatrick Stockton, L.L.P., Winston-Salem, North Carolina, for Appellants. Ann S. DuRoss, Assistant General, Robert D. McGillicuddy, Senior Counsel, Jaclyn C. Taner, Federal Deposit Insurance Corporation, Washington, D.C., for Appellee.

Before WIDENER, MURNAGHAN, and HAMILTON, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge WIDENER and Judge MURNAGHAN joined.

OPINION

HAMILTON, Circuit Judge:

The Oakar Amendment to the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73, 103 Stat. 183 (1989) (FIRREA), as amended by the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub.L. No. 102-242, 105 Stat. 2236 (1991) (FDICIA), was enacted as an exception...

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