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Before O'CONNOR,*Associate Justice Retired, and CARNES and ANDERSON, Circuit Judges. The FDIC filed both a timely appeal of the district court's preliminary injunction order and a petition for a writ of mandamus to dissolve the district court's preliminary injunction. First, we evaluate whether the FDIC's challenged actions constitute the exercise of a receivership power or function. If so, the FDIC is protected from all court action that would “restrain or affect” the exercise of those powers or functions pursuant to § 1821(j), and we proceed to the secondary inquiry of whether the district court's actions do in fact restrain or affect the FDIC as receiver. The district court found and Bank of America argues that the FDIC would exceed its statutory powers and functions as receiver by controlling and disposing of the loans and loan proceeds at issue. Such actions fall squarely within the powers and functions granted to the FDIC by Congress in FIRREA. See also, e.g., Nat'l Trust for Historic Pres., 995 F.2d at 239 (concluding that an injunction against a planned sale of an historic property of the failed bank would “surely ‘restrain or affect’ the FDIC's exercise of those powers or functions”); Gross, 974 F.2d at 408 (concluding that an injunction requiring the receiver to release certain deposits would “restrain or affect” the receiver's exercise of its powers and functions); Tillman v. 8, 2009) (holding that § 1821(j) does not deprive a court of jurisdiction to enjoin the FDIC from initiating foreclosure proceedings where the failed bank's security interest in the property proposed for sale had been extinguished prior to the FDIC's takeover).

Thereafter, the district court converted the TRO into a preliminary injunction against the FDIC, rejecting the FDIC's arguments that the district court lacked jurisdiction to enjoin the FDIC as receiver and that Bank of America must first exhaust the administrative claims process prior to seeking a judicial remedy. Therefore, our jurisdictional inquiry under § 1821(j) is quite narrow.

Colonial management liquidating corporation fl