No. 89-2784.

906 F.2d 972 (1990)

J.D. MILLER, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1990.

Attorney(s) appearing for the Case

Robert Harvey Chappell, Jr. (David C. Kohler, on brief), Christian, Barton, Epps, Brent & Chappell, Richmond, Va. (William E. Watson, Marc B. Chernenko, William E. Watson & Associates, Wellsburg, W.Va.), for plaintiff-appellant.

Robert Scott Cessar, Sr. Atty. (Thomas A. Schulz, Asst. Gen. Counsel, Charles L. Cope, II, Sr. Counsel, on brief), Federal Deposit Ins. Corp., Washington, D.C., for defendant-appellee.

Before ERVIN, Chief Judge, RUSSELL, Circuit Judge, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

ERVIN, Chief Judge:

J.D. Miller ("Miller") appeals from a decision of the district court granting summary judgment in favor of the Federal Deposit Insurance Corporation (the "FDIC") on its claim for civil penalties which had been assessed against Miller pursuant to the Change in Banking Control Act of 1978, as amended, 12 U.S.C. § 1817 (1988) (the "Act"). On appeal, Miller contends that the district court disregarded a disputed issue of material fact in granting...

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