U.S. Court of Appeals for the Fifth Circuit, 1991

NCNB Texas National Bank v. Fennell

NCNB Texas National Bank v. Fennell
U.S. Court of Appeals for the Fifth Circuit · Decided May 28, 1991 · Barksdale, Davis, Politz
933 F.2d 275 (Federal Reporter, Second Series)

Counsel

Charles L. Black, Wagstaff, Alvis, Stubbeman, Seamster & Longacre, Abilene, Tex., for plaintiff-appellant., Jeffrey Conner, Lubbock, Tex., for defendants-appellees., Wendell L. Fennell & Celina T. Fennell, Abilene, Tex., pro se.

NCNB Texas National Bank v. Fennell

Cases that cite this one

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Opinion of the Court

BY THE COURT:

IT IS ORDERED that appellant’s motion for stay and injunction pending appeal of remand order is GRANTED. Pursuant to 12 U.S.C. § 1819(b)(2)(C), the FDIC may appeal the remand order at issue in its appeal to this court; this is an exception to the general rule that remand orders are not reviewable. See 28 U.S.C. § 1447(d). Accordingly, the remand should be stayed pending appeal.

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