Ncnb Texas National Bank, et al., Plaintiffs,federal Deposit Insurance Corporation, Receiver of Firstrepublicbank Abilene, N.a., Formerly Known Asinterfirst Bank Abilene, N.a., Plaintiff-appellant, v. Wendell L. Fennell and Celina T. Fennell, Defendants-appellees, 933 F.2d 275 (5th Cir. 1991)

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US Court of Appeals for the Fifth Circuit - 933 F.2d 275 (5th Cir. 1991) 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. § 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.