Page:United States Statutes at Large Volume 103 Part 1.djvu/260

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103 STAT. 232 PUBLIC LAW 101-73—AUG. 9, 1989 \$i^' "(ii) 90 days, in the case of any receiver, If. in any judicial action or proceeding to which such institu- V-. tion is or becomes a party. ifis.... " (B) GRANT OF STAY BY ALL COURTS REQUIRED. — Upon receipt of a request by any conservator or receiver pursuant to subparagraph (A) for a stay of any judicial action or proceeding in any court with jurisdiction of such action or proceeding, the court shall grant such stay as to all parties. "(13) ADDITIONAL RIGHTS AND DUTIES. — -li "(A) PRIOR FINAL ADJUDICATION. — The Corporation shall abide by any final unappealable judgment of any court of ii competent jurisdiction which was rendered before the '-r appointment of the Corporation as conservator or receiver. " (B) RIGHTS AND REMEDIES OF CONSERVATOR OR RE- CEIVER. — In the event of any appealable judgment, the (Cor- poration as conservator or receiver shall— t "(i) have all the rights and remedies available to the insured depository institution (before the appointment ,' r, of such conservator or receiver) and the Corporation in its corporate capacity, including removal to Federal ..; court and all appellate rights; and t, "(ii) not be required to post any bond in order to pursue such remedies.

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"(C) No ATTACHMENT OR EXECUTION. — No attachment or execution may issue by any court upon assets in the posses- 'i.^i sion of the receiver. "(D) LIMITATION ON JUDICIAL REVIEW.—Except as other- -. /' wise provided in this subsection, no court shall have juris- diction over— "(i) any claim or action for payment from, or any action seeking a determination of rights with respect to, the assets of any depository institution for which the •f,, Corporation has been appointed receiver, including assets which the Corporation may acquire from itself as such receiver; or _ "(ii) any claim relating to any act or omission of such institution or the Corporation as receiver, t " (14) STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT BY CON- SERVATOR OR RECEIVER.— "(A) IN GENERAL. — Notwithstanding any provision of any contract, the applicable statute of limitations with regard to any action brought by the Corporation as conservator or

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receiver shall be— "(i) in the case of any contract claim, the longer of— "(I) the 6-year period beginning on the date the claim accrues; or "(II) the period applicable under State law; and ^ "(ii) in the case of any tort claim, the longer of— "(I) the 3-year period beginning on the date the claim accrues; or "(II) the period applicable under State law. "(B) DETERMINATION OF THE DATE ON WHICH A CLAIM ACCRUES. —For purposes of subparagraph (A), the date on which the statute of limitation begins to run on any claim ^ described in such subparagraph shall be the later of— "(i) the date of the appointment of the Corporation as i conservator or receiver; or