Ncnb Texas National Bank v. Fennell
This text of 933 F.2d 275 (Ncnb Texas National Bank v. Fennell) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NCNB TEXAS NATIONAL BANK, et al., Plaintiffs,
Federal Deposit Insurance Corporation, Receiver of First
RepublicBank Abilene, N.A., formerly known as
InterFirst Bank Abilene, N.A., Plaintiff-Appellant,
v.
Wendell L. FENNELL and Celina T. Fennell, Defendants-Appellees.
No. 91-1208.
United States Court of Appeals,
Fifth Circuit.
May 28, 1991.
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.
Appeal from the United States District Court for the Northern District of Texas; Sam R. Cummings, Judge.
Before POLITZ, DAVIS, and BARKSDALE, Circuit Judges.
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. Sec. 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. Sec. 1447(d). Accordingly, the remand should be stayed pending appeal.
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933 F.2d 275, 1991 U.S. App. LEXIS 11629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ncnb-texas-national-bank-v-fennell-ca1-1991.