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FAR WEST FEDERAL BANK v. DIRECTOR, OTS

No. 90-35752.

951 F.2d 1093 (1991)

FAR WEST FEDERAL BANK, S.B., Trinity Ventures, Ltd., U.S. Venture Partners III, U.S.V. Entrepreneur Partners, et al., Plaintiffs-Appellees, v. DIRECTOR, OFFICE OF THRIFT SUPERVISION, in his own official capacity and as successor in interest to the Federal Home Loan Bank Board, Federal Home Loan Bank of Seattle, and Federal Deposit Insurance Corporation, in its own Capacity and as Successor in Interest to the Federal Savings and Loan Insurance Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1991.

Attorney(s) appearing for the Case

Aaron B. Kahn, Sp. Counsel, Office of Thrift Supervision, Washington, D.C., Scott R. McIntosh, Appellate Staff Civ. Div. U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

John C. Millian and Wesley G. Howell, Jr., Gibson, Dunn & Crutcher, Washington, D.C., for plaintiffs-appellees.

Before BROWNING, CANBY and TROTT, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

Congress enacted the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), Pub.L. No. 101-73, 103 Stat. 183 (1989), in part to deal with financial problems of federally chartered thrift institutions. The question presented by this case is whether provisions of FIRREA establishing stricter capital requirements for thrifts and stricter limits on the amount a thrift may loan to a single customer superseded an earlier...

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