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FEDERAL DEPOSIT INS. CORP. v. BANK OF COUSHATTA

No. 90-4577.

930 F.2d 1122 (1991)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee, v. BANK OF COUSHATTA, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 13, 1991.

Attorney(s) appearing for the Case

John C. Deal, O. Judson Schaef, Emens, Hurd, Kegler & Ritter, Columbus, Ohio, James G. Bethard, Bethard & Davis, Coushatta, La., for defendants-appellants.

Gary Lindsay Newport, Sr. Atty., Patricia Riddick, Staff Atty., La. Office of Financial Institutions, Baton Rouge, La., for amicus curiae.

John A. Broadwell, Asst. U.S. Atty., Joseph S. Cage, Jr., U.S. Atty., Shreveport, La., Thomas L. Holzman, FDIC, Trial Cnsl. Sec., Washington, D.C., for plaintiff-appellee.

Before WISDOM, KING, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

The Federal Deposit Insurance Corporation issued a capital directive to the Bank of Coushatta and its directors (Board). After they failed to comply, the FDIC obtained an ex parte order from the district court to enforce the directive. The Bank and Board appeal from the order; they contend, pursuant to the Administrative Procedure Act (APA), 5 U.S.C. § 551, et seq., and Fifth Amendment due process, that they were entitled to an...

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