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FEDERAL HOME LOAN BANK BD. v. EMPIE

No. 83-2098.

778 F.2d 1447 (1985)

FEDERAL HOME LOAN BANK BOARD, WASHINGTON, D.C., Plaintiff-Appellee, v. R.Y. EMPIE, in his official capacity as Oklahoma State Banking Commissioner, and Michael C. Turpen, in his official capacity as Attorney General of the State of Oklahoma, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 26, 1985.

Attorney(s) appearing for the Case

Mary Beth Guard, Legal Counsel, Oklahoma State Banking Dept. (Michael C. Turpen, Atty. Gen. of Oklahoma, George R. Barr, Jr., Asst. Atty. Gen. and Frances C. Farzley, formerly Legal Counsel, State Banking Dept., on the briefs), Oklahoma City, Okl., for defendants-appellants.

Joanne Parsons Underhill, Trial Atty. (William K. Black, Associate Gen. Counsel, Denise Z. Field, Acting Deputy Dir., Litigation Div., Norman H. Raiden, Gen. Counsel, and Ralph W. Christy, Deputy Gen. Counsel, with her on the briefs), Office of General Counsel, Federal Home Loan Bank Bd., Washington, D.C., for plaintiff-appellee.

Laura N. Pringle, Vice President and Gen. Counsel, Oklahoma Bankers Ass'n, Oklahoma City, Okl., filed an amicus curiae brief on behalf of the Oklahoma Bankers Ass'n.

Before LOGAN and SETH, Circuit Judges, and FINESILVER, District Judge.

LOGAN, Circuit Judge.

The Federal Home Loan Bank Board (Bank Board) brought this action for declaratory and injunctive relief against defendants Oklahoma Banking Commissioner and Oklahoma Attorney General. The Bank Board sought a declaration that Oklahoma officials have no authority to interfere with the Bank Board's exclusive right under federal law to regulate all aspects of the operation of federally chartered savings institutions.1

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