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FRANKLIN SAV. ASS'N v. RYAN

Nos. 90-1481, 90-1485.

922 F.2d 209 (1991)

FRANKLIN SAVINGS ASSOCIATION and Franklin Savings Corporation, Plaintiffs-Appellees, v. T. Timothy RYAN, Jr., Director of the Office of Thrift Supervision; M. Danny Wall, Previous Director of the Office of Thrift Supervision, Defendants-Appellants. FRANKLIN SAVINGS ASSOCIATION and Franklin Savings Corporation, Plaintiffs-Appellees, v. M. Danny WALL, Previous Director of the Office of Thrift Supervision; T. Timothy Ryan, Jr., Director of the Office of Thrift Supervision, Defendants-Appellants, and David Douglass, Commissioner, Kansas Savings and Loan Department; United States of America, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 7, 1991.

Attorney(s) appearing for the Case

Charlotte M. Kaplow, Asst. Chief Counsel (argued) (Harris Weinstein, Chief Counsel, Thomas J. Segal, Associate Chief Counsel, Office of the Chief Counsel, Office of Thrift Supervision, Paul W. Grace, Paul J. Kennedy, Graham & James, Washington, D.C., Jerry William Boykin, Thompson & McMullen, Alexandria, Va., on brief), for defendants-appellants.

Daniel D. Crabtree (argued), Stinson, Mag & Fizzell, Kansas City, Mo. (John Jay Range, Hunton & Williams, Washington, D.C., on brief), for plaintiffs-appellees.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The proceedings herein are collateral to an action that, at the time of argument, was pending in the United States District Court for the District of Kansas, an action filed by the appellee Franklin Savings Association of Ottawa, Kansas ("Franklin"), to remove the conservator Resolution Trust Corporation appointed by M. Danny Wall, Director of the Office of Thrift Savings (OTS).

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