AMBERG v. FEDERAL DEPOSIT INS. CORP.

No. 90-4556.

934 F.2d 681 (1991)

James C. AMBERG, Robert Ray Carroll, Roscoe P. Steen, W.M. Causey, Billy Ray Whitehead, and Benny Zeagler, individually and as Directors of The Olla State Bank, Petitioners, v. The FEDERAL DEPOSIT INSURANCE CORPORATION, Respondent.

United States Court of Appeals, Fifth Circuit.

July 2, 1991.


Attorney(s) appearing for the Case

Claudia Sue Dunn, Kenneth E. Pickering, Pickering, Cotogno, Delsa & Dunn, Dermot S. McGlinchey, Eve B. Masinter, McGlinchey, Stafford, Cellini & Lang, New Orleans, La., for petitioners.

George O. Barnwell, Sr. Atty., Colleen B. Bombardier, Tom Schulz, Hoyle L. Robinson, Executive Secretary, Robert E. Feldman, Deputy Executive Secretary, FDIC, Washington, D.C., for respondent.

Before REYNALDO G. GARZA, POLITZ, and JONES Circuit Judges.


REYNALDO G. GARZA, Circuit Judge:

This is an appeal from an FDIC order of default against Petitioners for violating 12 U.S.C. § 1828(j)(4). In entering default, the FDIC applied its Rules of Procedure and found the Petitioners did not have good cause to file a late answer. In reviewing the statute we find we have jurisdiction and the FDIC acted in violation of the Administrative Procedure Act. We therefore reverse the FDIC's order of default and remand for appropriate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases