STATE OF COLORADO, ex rel. COLORADO STATE BANKING BOARD; Independent Bankers of Colorado, a non-profit corporation, Plaintiffs-Appellees,
v.
RESOLUTION TRUST CORPORATION, an agency of the United States; Federal Deposit Insurance Corporation, an agency of the United States and; Robert L. Clarke, in his official capacity as the Comptroller of the currency of the United States, Defendants-Appellants.
CONFERENCE OF STATE BANK SUPERVISORS; Independent Bankers Association of America, Amicus Curiae.
State of Colorado, ex rel. Colorado State Banking Board; Independent Bankers of Colorado, a non-profit corporation, Plaintiffs-Appellees,
v.
RESOLUTION TRUST CORPORATION, an agency of the United States; Federal Deposit Insurance Corporation, an agency of the United States, Defendants, and
Robert L. Clarke, in his official capacity as the Comptroller of the currency of the United States, Defendant-Appellant.
Conference of State Bank Supervisors; Independent Bankers Association of America, Amicus Curiae.
INDEPENDENT COMMUNITY BANKERS ASSOCIATION OF NEW MEXICO, a non-profit New Mexico corporation; Plaintiff-Appellant,
The State of New Mexico, the Financial Institutions Division, Plaintiff-Intervenor-Appellant,
v.
RESOLUTION TRUST CORPORATION, an agency of the United States; Federal Deposit Insurance Corporation, an agency of the United States and; Robert L. Clarke, in official capacity as Comptroller of the currency of the United States, Defendants-Appellees.
State of Colorado; Independent Bankers of Colorado, a Colorado non-profit corporation; Conference of State Bank Supervisors; Independent Bankers Association of America, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 11, 1991.
Rehearing Denied March 25, 1991.
Attorney(s) appearing for the Case
Ann Southworth, Dept. of Justice, Washington, D.C. (L. Robert Griffin, Director, Litigation Division and Caren S. Hersh, Atty., Office of the Comptroller of the Currency, Washington, D.C., of counsel, Stuart M. Gerson, Asst. Atty. Gen., William L. Lutz, Michael J. Norton, U.S. Attys., and Douglas N. Letter, Dept. of Justice, Washington, D.C., with her on the briefs), for Comptroller of the Currency of the U.S.
Dorothy L. Nichols, Associate Gen. Counsel, Federal Deposit Ins. Corp., Washington, D.C. (Alfred J.T. Byrne, Gen. Counsel, Ann S. DuRoss, Asst. Gen. Counsel, and Thomas D. Holzman, Federal Deposit Ins. Corp., Washington, D.C., John H. Bernstein and Diana C. Fields, Kutak Rock & Campbell, Denver, Colo., Michael E. Tucci, Sr. Counsel and Robert A. Ward, Counsel, Resolution Trust Corp., Denver, Colo., with her on the briefs), for The Resolution Trust Corp. and the Federal Deposit Ins. Corp.
I. Thomas Bieging, McKenna & Cuneo, Denver, Colo. (Stephen B. Shapiro, McKenna & Cuneo, Denver, Colo., Barbara M.A. Walker, First Asst. Atty. Gen. and Sherrie D. Vincent, Asst. Atty. Gen. for the Atty. Gen. Regulatory Law Section, Denver, Colo., with him on the briefs), for Independent Bankers of Colorado and State of Colorado, ex rel. Colorado State Banking Bd.
Leonard J. Rubin, Bracewell & Patterson, Washington, D.C. (Virginia E. O'Neill and Ellen C. Starr, Bracewell & Patterson, Washington, D.C., for Independent Community Bankers Ass'n of New Mexico, G.T.S. Khalsa and Jonathan L. Barela, Office of the Atty. Gen., Santa Fe, N.M., for State of N.M., Financial Institutions Div., with him on the briefs).
Before ANDERSON, BALDOCK, and EBEL, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
STEPHEN H. ANDERSON, Circuit Judge.
This appeal consists of two cases challenging a Resolution Trust Corporation ("RTC") regulation, 55 Fed.Reg. 22,323 (1990) (to be codified at 12 C.F.R. § 1611.1) (the "Override Regulation"), allowing banks that acquire failed or failing savings and loan associations ("thrifts") to operate the thrifts' offices1 as bank branches, notwithstanding state laws...
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