Legal Opinion
Bank of New England — Old Colony, N.A. v. Clark
District Court, D. Rhode Island
Decided June 15, 1992No. Civ. A. 91-408LPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
LAGUEUX, District Judge.
I. INTRODUCTION
This case presents a thought-provoking issue arising out of an apparent conflict between the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. § 1819 (1988 & Supp. I 1989), and the principles of comity and abstention embodied in the Tax Injunction Act of 1937, 28 U.S.C. § 1341 (1988). Plaintiffs are the Bank of New England— Old Colony, N.A. (“BNE”) and its receiver, the Federal Deposit Insurance Corporation (“FDIC”). Defendant is R. Gary Clark, Rhode Island’s Tax Administrator. Plaintiffs claim…
2Cases cited24 opinions
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- Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
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3Cited by5 opinions
- Bank of New England Old Colony, N.A. v. R. Gary Clark, Tax Administrator, for the State of Rhode IslandCourt of Appeals for the First Circuit · 1993
- United Taconite, L.L.C. v. Minnesota, Department of Revenue (In re Eveleth Mines, L.L.C.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
- Schock v. Federal Deposit InsuranceDistrict Court, D. Rhode Island · 2000
- In Re Eveleth Mines, LLCUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
- United Taconite v. State of MinnesotaUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2004