BRUCE v. FIRST FED. SAV. & LOAN ASS'N OF CONROE

No. 87-2417.

837 F.2d 712 (1988)

Wilburn S. BRUCE, Plaintiff-Appellant, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CONROE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1988.


Attorney(s) appearing for the Case

Michael L. Atkinson, Atkinson & Associates, P.C., Conroe, Tex., for plaintiff-appellant.

Brian T. Hanlon, Phillips, King, Smith & Wright, P.C., Houston, Tex., for defendant-appellee.

Before CLARK, Chief Judge, GEE and RUBIN, Circuit Judges.


CLARK, Chief Judge:

This case involves a question of statutory construction. We hold that the word "and" in the antitying provision of 12 U.S.C.A. § 1464(q)(1) should be given a disjunctive rather than a conjunctive meaning. We also hold that the district court erred by dismissing the complaint for failure to state a claim upon which relief can be granted.

I. Facts

When reviewing a case dismissed pursuant to Federal Rule of Civil Procedure 12...

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