FIRST FEDERAL SAVINGS & LOAN ASS'N v. LOOMIS

No. 6381.

97 F.2d 831 (1938)

FIRST FEDERAL SAVINGS & LOAN ASS'N OF WISCONSIN v. LOOMIS, Atty. Gen. of Wisconsin, et al.

Circuit Court of Appeals, Seventh Circuit.

May 20, 1938.


Attorney(s) appearing for the Case

Orland S. Loomis, Atty. Gen. of Wisconsin, Leo E. Vaudreuil, Deputy Atty. Gen., of Wisconsin, and Benjamin Poss, Sp. Counsel, and Joseph P. Brazy, both of Milwaukee, Wis., for appellants.

William Ryan, of Madison, Wis., and Horace Russell, of Washington, D. C., Gen. Counsel, Federal Home Loan Bank Board, (Emery J. Woodall, of New York City, Associate Gen. Counsel, Federal Home Loan Bank Board, J. Aldrich Hall, and Milton I. Baldinger, both of Washington, D. C., of counsel), for appellee.

Golden W. Bell, Asst. Sol. Gen., and Warner W. Gardner, Sp. Atty., of Washington, D. C., for the United States as amicus curiæ.

Gerard M. Ungaro and Lyman W. Sherwood, both of Chicago, Ill., amici curiæ.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.


MAJOR, Circuit Judge.

This appeal is from an injunctive decree of the District Court.1 The questions presented are: (1) Whether the District Court had jurisdiction of the action under sections 24 and 274d of the Judicial Code, 28 U.S.C.A. §§ 41 and 400; (2) whether section 5 of the Home Owners' Loan Act of 1933, as amended, 12 U.S.C.A. § 1464, is a valid exercise of the constitutional power of Congress; (3) whether appellants...

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