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BURKE v. BOARD OF GOV. OF FEDERAL RESERVE SYSTEM

No. 90-9509.

940 F.2d 1360 (1991)

Daniel M. BURKE, M. Joseph Burke, John P. Burke, John A. Edmiston, and Don C. Davis, Petitioners, v. BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM, Respondent.

United States Court of Appeals, Tenth Circuit.

July 31, 1991.

Attorney(s) appearing for the Case

Robert M. Vinton, Vinton, Slivka & Panasci, Denver, Colo., and Don C. Davis, pro se (Richard P. Slivka and Scott M. Tarbox, Vinton, Slivka & Panasci, Denver, Colo., and John A. Edmiston, pro se, with him on the briefs), for petitioners.

Douglas B. Jordan (Stuart M. Gerson, Asst. Atty. Gen., Civ. Div., U.S. Dept. of Justice, Washington, D.C.; James V. Mattingly, Jr., Gen. Counsel; and Richard M. Ashton, Associate Gen. Counsel, with him on the briefs), Senior Atty., Bd. of Governors of the Federal Reserve System, for the respondent. Ann Marie Kohlligian, of counsel.

Before TACHA and SETH, Circuit Judges, and BRATTON, District Judge.

TACHA, Circuit Judge.

Petitioners-appellants Daniel Burke, Joseph Burke, John Burke, John Edmiston, and pro se appellant Don Davis appeal a final decision of the Board of Governors of the Federal Reserve System (the Board) imposing civil money penalties pursuant to section 8(i)(2) of the Federal Deposit Insurance Act (FDI Act), 12 U.S.C. § 1818(i)(2), and section 8(b)(1) of the Bank Holding Company Act of 1956, 12 U.S.C. § 1847(b)(1).1...

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