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SMALLWOOD v. OFFICE OF THRIFT SUPERVISION

No. 90-3183.

925 F.2d 894 (1991)

Connie H. SMALLWOOD, Superintendent of Savings and Loan Associations for the State of Ohio, Petitioner, v. OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF the TREASURY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 7, 1991.

Rehearing and Rehearing Denied March 26, 1991.

Attorney(s) appearing for the Case

Daniel A. Malkoff (argued), Office of the Atty. Gen. of Ohio, Columbus, Ohio, for petitioner.

M. Danny Wall, Office of the Dept. of Treasury, Harvey A. Levin (argued), Umana & Levin, Martin Jefferson Davis, Office of Thrift Supervision, Washington, D.C., for respondent.

Robert T. Williams, Cleveland, Ohio, for amicus curiae.

Before GUY and BOGGS, Circuit Judges; and BERTELSMAN, District Judge.

Rehearing and Rehearing En Banc Denied March 26, 1991.

BOGGS, Circuit Judge.

Petitioner Connie Smallwood, Superintendent of Savings and Loan Associations for the State of Ohio, has filed a petition for review of Order No. 90-246 of the Director of the Office of Thrift Supervision ("Director"). This order waived the requirements of Ohio Revised Code § 1151.36 when the Gem Savings Association ("Gem") converted itself from a state-chartered, mutually-owned...

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