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NCNB TEXAS NAT. BANK v. FENNELL

No. 91-1208.

942 F.2d 934 (1991)

NCNB TEXAS NATIONAL BANK, et al., Plaintiffs, Federal Deposit Insurance Corporation as 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.

United States Court of Appeals, Fifth Circuit.

September 24, 1991.

Attorney(s) appearing for the Case

Charles L. Black, Wagstaff, Alvis, Stubbeman, Seamster & Longacre, Abilene, Tex., for FDIC.

Jeffrey Conner, Lubbock, Tex., for defendants-appellees.

Wendell L. Fennell and Celina T. Fennell, pro se.

Before REYNALDO G. GARZA and WIENER, Circuit Judges, and SEAR, District Judge.

REYNALDO G. GARZA, Circuit Judge:

The Federal Deposit Insurance Corporation ("FDIC") intervened in this state court case and removed it to federal district court. Prior to trial, the federal court remanded the case to state court sua sponte, finding that the FDIC had not articulated a convincing interest in the litigation. The FDIC appealed.2 After reviewing the pleadings, the record and the briefs, we REVERSE the district court...

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