With no explanation, chose the best option from "A", "B", "C" or "D". receiver, or other legal custodian of an insured State-chartered institution and which involves only the rights or obligations of investors, creditors, stockholders, and such institution under State law shall not be deemed to arise under the laws of the United States.... 12 U.S.C.A. § 1730(k)(l). 3 . Appellee raised the issue of FIRREA in its brief in support of its motion to amend pleadings. 4 . This circuit has followed the Bradley rule in several cases. See, e.g., Delmay v. Paine Webber, 872 F.2d 356 (11th Cir.1989) (applying the Bradley rule to conclude that statutory amendment allowing appeal from order refusing stay of action in favor of arbitration was retrospectively applicable); Tallahassee Mem. Regional Medical Center v. Bowen, 815 F.2d 1435, 1454 n. 40 (11th Cir.1987) (<HOLDING>), cert. denied, 485 U.S. 1020, 108 S.Ct. 1573,

A: recognizing that four reasons for granting a rule 59e motion are manifest errors of law or fact newly discovered or previously unavailable evidence manifest injustice and an intervening change in controlling law
B: recognizing examples of exceptional circumstances where the public interest requires that the issues be heard or manifest injustice would result from the failure to consider such issues
C: holding that batson does apply retroactively to cases pending on direct review
D: recognizing that a court will ordinarily apply new legislation to pending cases unless manifest injustice would result
D.