DIMENSION FINANCIAL CORPORATION, Daniel T. Carroll, Harold D. Dufek, William L. Mitchell, Ronald L. Shaffer, A. Gary Shilling, State of Ohio, Ohio Division of Savings and Loan Associations, Ohio Deposit Guarantee Fund, Horizon Savings and Loan Company, Horizon Service Corporation, Permanent Savings and Loan Association, Financial Institutions Assurance Corporation, First Bancorporation, Colorado Industrial Bankers Association, Fort Lupton Industrial Bank, Monroe Industrial Bank, Castle Rock Industrial Bank, Ark Valley Industrial Bank, Household Weld County Industrial Bank, Household Lamar Industrial Bank, Household Alamosa Industrial Bank, Household Valley Industrial Bank, Household Salida Industrial Bank, Copper State Thrift & Loan Company, and Copper State Financial Corporation, Petitioners,
v.
BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM, Respondent,
American Financial Services Association and Household Finance Corporation, Intervenors.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 24, 1984.
September 24, 1984.
Attorney(s) appearing for the Case
Jeffrey S. Davidson of Kirkland & Ellis, Washington, D.C., (Dennis M. Gingold, Washington, D.C., with him on brief), for petitioners Dimension Financial Corp., Daniel T. Carroll, Harold D. Dufek, William L. Mitchell, Ronald L. Shaffer and A. Gary Shilling.
John D. Hawke, Jr. of Arnold & Porter, Washington, D.C., for petitioners First Bancorporation, Colorado Indus. Bankers Ass'n, Fort Lupton Indus. Bank, Monroe Indus. Bank, Castle Rock Indus. Bank, Ark Valley Indus. Bank, Household Weld County Indus. Bank, Household Lamar Indus. Bank, Household Alamosa Indus. Bank, Household Valley Indus. Bank, Household Salida Indus. Bank, Copper State Thrift & Loan Co., Copper State Financial Corp., and intervenors American Financial Services Ass'n and Household Finance Corp.
Anthony J. Celebrezze, Jr., Atty. Gen., Connie J. Harris, Asst. Atty. Gen., State of Ohio, Columbus, Ohio, filed a brief on behalf of petitioners State of Ohio and Ohio Div. of Sav. and Loan Associations.
Thomas B. Ridgley, Roger A. Yurchuck, Robert W. Minor and Philip A. Brown, of Vorys, Sater, Seymour & Pease, Columbus, Ohio, filed a brief on behalf of petitioners Ohio Deposit Guarantee Fund, Horizon Sav. and Loan Co., Horizon Service Corp. and Permanent Sav. and Loan Ass'n.
James D. Blount, Jr. and John L. Jernigan, of Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, N.C., filed a brief on behalf of petitioner Financial Institutions Assurance Corp.
Richard M. Ashton, Asst. Gen. Counsel, Bd. of Governors of the Federal Reserve System, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Civ. Div., U.S. Dept. of Justice, Washington, D.C., Michael Bradfield, Gen. Counsel, Bd. of Governors of the Federal Reserve System, Washington, D.C., with him on the brief), for respondent Bd. of Governors of the Federal Reserve System.
James F. Bell and Arthur E. Wilmarth, Jr., of Jones, Day, Reavis & Pogue, Washington, D.C., filed a brief on behalf of amicus curiae Conference of State Bank Sup'rs.
Before SETH, Chief Judge, and DOYLE and SEYMOUR, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SETH, Chief Judge.
This is a Petition for Review of changes made by the Board of Governors of the Federal Reserve System in Regulation Y (12 C.F.R. Part 225 — 1983) as it defines which financial institutions are "banks" and thus come under the Bank Holding Company Act (12 U.S.C. §§ 1841-50). The acquisition of a "bank" requires prior approval by the Board of Governors and the company which acquires a "bank" becomes a "bank holding company" subject...
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