Summary
noting authority of FSLIC as receiver to foreclose on deed of trust
Summary of this case from Abbot Bldg. Corp. v. F. S. and Loans Ins.Opinion
No. 87-1835.
March 20, 1989.
Earl Luna, Sydna H. Gordon, Dallas, Tex., for Carrollton-Farmers Branch.
Christopher J. Caso, Kent S. Hofmeister, Hutchison, Price, Boyle Brooks, Dallas, Tex., for City of Farmers Branch.
Robert B. Wellenberger and Robert O. Lamb, Dallas, Tex., for FSLIC.
Appeals from the United States District Court for the Northern District of Texas, Sidney A. Fitzwater, District Judge.
(Opinion October 27, 1988, 5th Cir. 1988, 858 F.2d 1010)Before WISDOM, RUBIN and SMITH, Circuit Judges.
We grant the appellee's motion to clarify our decision in this case, 858 F.2d 1010 (5th Cir. 1988), to the following extent. The sentence that reads:
In Bean v. Independent American Savings Association, [ 838 F.2d 739 (5 Cir. 1988)] this court acknowledged that the proviso in section 1730(k)(1) is an exception to the FSLIC's otherwise exclusive jurisdiction to resolve claims against the FSLIC as receiver for a failed savings and loan association.
858 F.2d 1010, 1012 (footnote omitted).
is now modified to read:
In Bean v. Independent American Savings Association, this court acknowledged that the proviso in section 1730(k)(1) is an exception to the jurisdictional grant contained in that statute.
This court has no desire to enter a jurisdictional thicket that does not lie in the center of its path.
MOTION GRANTED.