PHILLIPS v. VANDYGRIFF

No. 81-1552.

711 F.2d 1217 (1983)

Edward N. PHILLIPS, Plaintiff-Appellant, v. Alvis VANDYGRIFF, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 15, 1983.


Attorney(s) appearing for the Case

Jack N. Price, Austin, Tex., for plaintiff-appellant.

John Guittard, Dallas, Tex., for First Sav. and Loan Ass'n of Bowie.

Barry K. Bishop, David C. Duggins, Austin, Tex., for First Federal Sav. & Loan Ass'n of Luling.

T.P. Flahive, Austin, Tex., for Paris Sav. & Loan.

Walter H. Mizell, Michael G. Mullen, Austin, Tex., for Mainland Sav.

J. David Griffin, W. Ted Minick, Dallas, Tex., for Exchange Sav. and Loan Ass'n.

C.C. Small, Jr., Austin, Tex., for North Texas Sav. & Loan Ass'n.

James Vincent Sylvester, Yolanda Martin McKeeman, Asst. Attys. Gen., Austin, Tex., for Vandygriff, et al.

Before BROWN, GOLDBERG and HIGGINBOTHAM, Circuit Judges.


GOLDBERG, Circuit Judge:

In this case we are called upon to review the consequences of an industry custom amounting to a de facto licensing of prospective managerial employees of state chartered savings and loan associations by the state savings and loan commissioner. We find that such de facto licensing implicates liberty interests under the fourteenth amendment and might create pendent state tort claims. It does not, however, amount to a per se of antitrust violation...

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