No. 90-2273.

933 F.2d 899 (1991)

AMERICAN BANK, N.A., a National Banking Association, Plaintiff-Appellee, v. Robert L. CLARKE, Comptroller of the Currency of the United States; and L. William Seidman, Chairman, Federal Deposit Insurance Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 22, 1991.

Attorney(s) appearing for the Case

Jacob M. Lewis, Atty., Appellate Staff, Civ. Div., (Stuart M. Gerson, Asst. Atty. Gen., William L. Lutz, U.S. Atty., Anthony J. Steinmeyer, Robert V. Zener, and Mark B. Stern, Attys., Appellate Staff, Civ. Div., on the brief) Dept. of Justice, Washington, D.C., for defendants-appellants.

Robert P. McNeill, (Stevan J. Schoen with him on the brief) Albuquerque, N.M., for plaintiff-appellee.

Before LOGAN and SEYMOUR, Circuit Judges, and SPARR, District Judge.

LOGAN, Circuit Judge.

The Comptroller of the Currency of the United States has appealed an order of the district court temporarily enjoining him, his officers, agents and employees from closing the American Bank, N.A. American Bank, a national bank operating in Rio Rancho, New Mexico, sought and obtained the injunction following notice from the Comptroller of a pending closure of the bank on the ground that it was insolvent. We ordered an accelerated briefing and...

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