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SECURITY SAV. & LOAN v. DIRECTOR, OTS

No. 91-1570.

960 F.2d 1318 (1992)

SECURITY SAVINGS AND LOAN v. DIRECTOR, OFFICE OF THRIFT SUPERVISION, etc., and FDIC, etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 18, 1992.

Attorney(s) appearing for the Case

Aaron B. Kahn, Sp. Counsel, Thomas J. Segal, Assoc. Chief Counsel, Martin Jefferson Davis, Sr. Trial Atty., Harris Weinstein, Chief Counsel, Office of Thrift Supervision, Washington, D.C., for Director.

George L. Phillips, U.S. Atty., Jackson, Miss., Scott R. McIntosh, Douglas N. Letter, Jennifer H. Zacks, Christine N. Kohl, Stuart M. Gerson, Asst. Atty. Gen., U.S. Dept. of Justice, Civ. Div., Thomas A. Schulz, Marta Berkeley, Asst. Gen. Counsel, Legal Div., FDIC, Washington, D.C., for FDIC.

Alan W. Perry, Forman, Perry, Watkins & Krutz, Jackson, Miss., Ben F. Johnson, III, Mary C. Gill, Alston & Bird, Atlanta, Ga., for Sec. Sav. & Loan Ass'n et al.

Before WILLIAMS and WIENER, Circuit Judges, and LITTLE, District Judge.

WIENER, Circuit Judge:

Once again, this court must tend to casualties of the savings and loan crisis. This time, the question is whether the United States Government agreed to permit Security Savings and Loan Association (Security) to treat certain items arising from supervisory mergers with several failing thrifts as regulatory capital, and, if it did, whether Congress intended to exempt such contractual rights from the rigorous new capital requirements enacted in...

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