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HOME FEDERAL S & L ASS'N v. INS. DEPT. OF IOWA

No. 77-1330.

571 F.2d 423 (1978)

HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF ALGONA, IOWA, Appellee, v. INSURANCE DEPARTMENT OF IOWA and Herbert W. Anderson, Commissioner of Insurance, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 21, 1978.

Attorney(s) appearing for the Case

Lorna Lawhead Williams, Asst. Atty. Gen., Des Moines, Iowa (argued), Richard C. Turner, Atty. Gen., and Curtis A. Yocom, Jr., Asst. Atty. Gen., Des Moines, Iowa, on brief, for appellants.

Ross H. Sidney, Des Moines, Iowa (argued), and Stephen D. Hardy, Des Moines, Iowa, on brief, for appellee.

Daniel J. Goldberg, Acting Gen. Counsel, Harold B. Shore, Associate Gen. Counsel, Harvey Simon, Senior Trial Atty., and Steven J. Toll, Atty., Washington, D.C., on brief, for amicus curiae, Federal Home Loan Bank Board.

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

TALBOT SMITH, Senior District Judge.

The matter before us is an appeal, upon certification, of an interlocutory order.1 Upon challenge to original jurisdiction, we find that the District Court is without such jurisdiction and we reverse the judgment below. The case is remanded with directions to dismiss the complaint.

The facts are not complex. The parties involved are the Home Federal...

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