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FAR WEST FEDERAL, BANK, S.B. v. DIRECTOR, OFFICE OF THRIFT SUPERVISION

No. 90-1465.

930 F.2d 883 (1991)

FAR WEST FEDERAL BANK, S.B.; Trinity Ventures, Ltd.; U.S. Venture Partners III; U.S.V. Entrepreneur Partners; Institutional Venture Partners III; Institutional Management III; Charles River Partnership V; Dougery, Jones and Wilder II; New Enterprise Associates IV, Limited Partnership; Bain Capital Fund Limited Partnership; Abingworth PLC; Trivest Venture Fund; Trivest Commonwealth Fund; Porter Investments; Keller Enterprises, Inc.; Banner Partners, Tetraven Fund S.A.; Second Ventures L.P.; HSP Investment Co., N.V.; Louis A. Santiago, as Trustee; Donald L. Tisdel; Gary D. Putnam; Richard D. Durrett, Jr.; James E. Thomas; David L. McClung; Alfred J. Rawlinson; Wayne Kuni; M. Lee Giustina; Claude L. Ganz; John H. Geiger; Far West Federal Bank Employee Stock Ownership Plan and Trust; and Joseph R. Gerber, Jr., Plaintiffs-Appellees, v. DIRECTOR, OFFICE OF THRIFT SUPERVISION, and Federal Deposit Insurance Corporation, Defendants-Appellants, and Federal Home Loan Bank of Seattle, Defendant.

United States Court of Appeals, Federal Circuit.

April 8, 1991.

Attorney(s) appearing for the Case

Wesley G. Howell, Jr., Gibson, Dunn & Crutcher, Washington, D.C., argued for plaintiffs-appellees. With him on the brief were John C. Millian and John F. Manning. Also on the brief were Barnes H. Ellis and Christine Kitchel, Stoel Rives Boley Jones & Gray, Portland, Or.

Aaron B. Kahn, Sr. Trial Atty., Office of Chief Counsel, Office of Thrift Supervision, Washington, D.C., argued for defendants-appellants, Director OTS. With him on the brief were Harris Weinstein, Chief Counsel, Thomas J. Segal, Associate Chief Counsel, Elizabeth R. Moore and Edward J. O'Meara. Mark B. Stern, Dept. of Justice, of Washington, D.C., argued for defendants-appellants, Federal Deposit Ins. Corp. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and Barbara C. Biddle. Also on the brief were Ann S. DuRoss, Asst. Gen. Counsel, Colleen B. Bombardier, Sr. Counsel and Jeannette E. Roach, Sr. Atty., Federal Deposit Ins. Corp., Washington, D.C.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

This interlocutory appeal is taken on behalf of the Director of the Office of Thrift Supervision ("OTS") and the Federal Deposit Insurance Corporation ("FDIC"), and concerns the Financial Institutions Reform, Recovery and Enforcement Act ("FIRREA"), Pub.L. 101-73, 1989 U.S.Code Cong. & Admin.News (103 Stat.) 86 (codified at various sections of Titles 12 and 15).

In the course of litigation, the United States District Court...

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