GUARANTY FINANCIAL SERVICES, INC. v. RYAN

No. 90-8773.

928 F.2d 994 (1991)

GUARANTY FINANCIAL SERVICES, INC., and Guaranty Federal Savings Bank, Plaintiffs-Appellees, v. T. Timothy RYAN, Director, Office of Thrift Supervision, in his official capacity and as successor in interest to the Federal Home Loan Bank Board, and Federal Deposit Insurance Corporation in its own capacity and as successor in interest to the Federal Savings and Loan Insurance Corporation, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 25, 1991.


Attorney(s) appearing for the Case

Frank L. Butler, III, Asst. U.S. Atty., Macon, Ga., Jacob Lewis, Washington, D.C., for Dept. of Justice.

Aaron B. Kahn, Office of Thrift Supervision, Washington, D.C., for F.D.I.C.

F. Lane Heard, III, Williams & Connolly, Washington, D.C., Tracy Greer, Roy N. Cowart, Cowart & Varner, Warner-Robins, Ga., for plaintiffs-appellees.

Edward M. Selfe, Birmingham, Ala., William L. Gardner, Morgan, Lewis & Bockius, Washington, D.C., for amicus curiae, Secor Bank.

Before COX and BIRCH, Circuit Judges, and GIBSON, Senior Circuit Judge.


COX, Circuit Judge:

This case is an appeal by the Office of Thrift Supervision (OTS) and the Federal Deposit Insurance Corporation (FDIC) of a preliminary injunction that, among other things, prevents the agencies from excluding an intangible asset called supervisory goodwill from the regulatory capital computation for Guaranty Federal Savings Bank. Because we hold that the district court mistakenly concluded that the plaintiffs had a substantial likelihood of success...

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