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FRANKLIN SAV. v. DIRECTOR, OFFICE OF THRIFT SUPER.

Nos. 90-3272, 90-3281.

934 F.2d 1127 (1991)

FRANKLIN SAVINGS ASSOCIATION, a Kansas Savings & Loan Association; and Franklin Savings Corporation, a Kansas corporation, in behalf of itself and in its derivative capacity as controlling shareholder of Franklin Savings Association, Plaintiffs-Appellees and Cross-Appellants, v. DIRECTOR, OFFICE OF THRIFT SUPERVISION, Defendant-Appellant and Cross-Appellee, and The United States of America, Defendant-Intervenor and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

May 28, 1991.

Attorney(s) appearing for the Case

Charles W. German of Stinson, Mag & Fizzell, Kansas City, Mo. (David E. Everson, Brant M. Laue, Richard F. Hunter of Stinson, Mag & Fizzell, Kansas City, Mo., Roger D. Stanton of Stinson, Mag & Fizzell, Overland Park, Kan., Paul D. Renner of Renner & Rodman, Denver, Colo., with him on the briefs), for plaintiffs-appellees and cross-appellants.

Kenneth J. Guido, Jr., Sp. Sr. Counsel (Harris Weinstein, Chief Counsel, Thomas J. Segal, Associate Chief Counsel, Steven W. Dimmick, Sr. Trial Atty., with him on the briefs), Office of Thrift Supervision, Washington, D.C., for defendant-appellant and cross-appellee.

Jacob M. Lewis, Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Kansas, Lee Thompson, U.S. Atty., Kansas, Douglas N. Letter, Appellate Litigation Counsel, and Mark B. Stern, Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C., with him on the brief), for defendant-intervenor and cross-appellee.

Before McKAY, SETH, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

The Director of the Office of Thrift Supervision (Director) appeals the decision of the trial court ordering the removal of the director appointed conservator of Franklin Savings Association (Franklin).

Background

A generalized and simplified overview of the facts will help reveal the parameters of this litigation.

Franklin is a state chartered, stock savings and loan association...

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