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FAYETTEVILLE S. & L. ASS'N v. FEDERAL HOME LOAN BANK BD.

Nos. 77-1475 and 77-1494.

570 F.2d 693 (1978)

FAYETTEVILLE SAVINGS & LOAN ASSOCIATION, FAYETTEVILLE, ARKANSAS, Appellant, v. FEDERAL HOME LOAN BANK BOARD, Garth Marston, Grady Perry and Superior Federal Savings & Loan Association, Fort Smith, Arkansas, Appellees. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF FAYETTEVILLE, ARKANSAS, Washington Federal Savings & Loan Association, Springdale, Arkansas and Benton County Savings & Loan Association, Bentonville, Arkansas, Appellants, v. FEDERAL HOME LOAN BANK BOARD, Garth Marston, Grady Perry and Superior Federal Savings & Loan Association, Fort Smith, Arkansas, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 25, 1978.

Attorney(s) appearing for the Case

Hermann Ivester, (on rebuttal and filed appendix and briefs) Smith, Williams, Friday, Eldredge & Clark, Little Rock, Ark., argued for appellant.

Bradley D. Jesson, (filed brief) of Hardin, Jesson & Dawson, Fort Smith, Ark., argued for appellee, Superior Federal Sav. & Loan Assn.

Harvey Simon, Sr., Trial Atty., Washington, D. C., argued; Simon, Daniel J. Goldberg, Acting General Counsel, Harold B. Shore, Associate General Counsel and John E. Gunther, Atty., Washington D. C., filed brief for appellee, Federal Home Loan Bank Bd.

Before WEBSTER and HENLEY, Circuit Judges, and SMITH, Senior District Judge.

HENLEY, Circuit Judge.

This is an action brought in the United States District Court for the Western District of Arkansas by seven savings and loan associations located in Benton and Washington Counties in extreme Northwest Arkansas against the Federal Home Loan Bank Board, the individuals who were members of the Board at the time of the filing of the suit, and Superior Federal Savings & Loan Association of Fort Smith, Sebastian County, Arkansas.

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