NCNB Texas National Bank v. Fennell (933 F.2d 275, 1991)

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.