HUNTINGTON TOWERS, LTD. v. FRANKLIN NAT. BANK

No. 521, Docket 76-6109.

559 F.2d 863 (1977)

HUNTINGTON TOWERS, LTD. and Richard Carey, Plaintiffs-Appellants, v. FRANKLIN NATIONAL BANK (in liquidation) and Federal Deposit Insurance Corporation, Defendants, Federal Reserve Bank of New York, European-American Bank, and James Smith, Individually and as Comptroller of the Currency, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 19, 1977.


Attorney(s) appearing for the Case

Donald E. Sheil, New York City, for plaintiffs-appellants.

William E. Hegarty, New York City (Cahill Gordon & Reindel, Allen S. Joslyn, and Michael P. Tierney, New York City, on the brief), for defendant-appellee Federal Reserve Bank of New York.

Philip K. Howard, New York City (Sullivan & Cromwell and John L. Warden, New York City, on the brief), for defendant-appellee European-American Bank & Trust Co.

J. Christopher Jensen (David G. Trager, U.S. Atty., Eastern District of New York, Bernard J. Fried, and Lewis F. Tesser, Asst. U.S. Attys., Eastern District of New York, Brooklyn, N.Y., on the brief), for defendant-appellee James Smith.

Barrett Smith Schapiro & Simon, Michael O. Finkelstein, and Lawrence J. Zweifach, New York City, on the brief of Sol Neil Corbin, Trustee in Bankruptcy of Franklin New York Corp., as amicus curiae.

Before ANDERSON and TIMBERS, Circuit Judges, and KNAPP, District Judge.


ROBERT P. ANDERSON, Circuit Judge:

This is an appeal by Huntington Towers, Ltd. and Richard Carey from an order of the United States District Court, Eastern District of New York, dismissing a complaint for monetary and equitable relief against the Federal Reserve Bank of New York (FRB), and James E. Smith, individually and in his former capacity as Comptroller of the Currency (the Comptroller), as well as against European-American Bank (EAB). The complaint had also...

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