FAHEY v. MALLONEE

No. 687.

332 U.S. 245 (1947)

FAHEY, FEDERAL HOME LOAN BANK COMMISSIONER, ET AL. v. MALLONEE ET AL.

Supreme Court of United States.

Decided June 23, 1947.


Attorney(s) appearing for the Case

Oscar H. Davis argued the cause for appellants. With him on the brief were Acting Solicitor General Washington, Assistant Attorney General Sonnett, Robert L. Stern, Paul A. Sweeney, Kenneth G. Heisler, Ray E. Dougherty and Mose Silverman.

Wyckoff Westover argued the cause for Mallonee et al., appellees. With him on the brief was Daniel W. O'Donohue, Jr.

Charles K. Chapman argued the cause and filed a brief for the Long Beach Federal Savings & Loan Association, appellee.

By special leave of Court, Everett W. Mattoon, Deputy Attorney General, argued the cause for the State of California, as amicus curiae, urging affirmance. With him on the brief was Fred N. Howser, Attorney General.

Louis W. Myers, Pierce Works and Richard Fitzpatrick submitted on brief for the Federal Home Loan Bank of Los Angeles, appellee.

Robert H. Wallis and Raymond Tremaine submitted on brief for Wallis, appellee.

Harry O. Wallace submitted on brief for the Title Service Company, appellee.


MR. JUSTICE JACKSON delivered the opinion of the Court.

A specially constituted three-judge District Court has summarily, without trial, entered final judgment ousting a Conservator who, on orders of the Federal Home Loan Bank Commissioner, had taken possession of the Long Beach Federal Savings and Loan Association. It granted this and other relief on the principal ground that § 5 (d) of the Home Owners' Loan Act of 1933, as amended, violates Article I, §...

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