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MILLER v. FEDERAL DEPOSIT INS. CORP.

No. 91-3023.

956 F.2d 58 (1992)

J.D. MILLER, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1992.

Attorney(s) appearing for the Case

Marc Bryan Chernenko, William E. Watson & Associates, Wellsburg, W.Va., argued (William E. Watson, on brief), for plaintiff-appellant.

Christopher Jon Bellotto, Federal Deposit Ins. Corp., Washington D.C., argued (Ann S. DuRoss, Asst. Gen. Counsel, Colleen B. Bombardier, Charles L. Cope, II, Sr. Counsel, on brief), for defendant-appellee.

Before ERVIN, Chief Judge, RUSSELL, Circuit Judge, and HEANEY, Senior Circuit Judge of the Court of Appeals for the Eighth Circuit, sitting by designation.

OPINION

ERVIN, Chief Judge:

J.D. Miller violated the Change in Bank Control Act, 12 U.S.C. § 1817(j)(1), by buying a controlling interest in a bank without giving the required 60 days' notice to the Federal Deposit Insurance Corporation ("FDIC"). The FDIC assessed a civil money penalty, and the district court granted summary judgment in the FDIC's favor, ordering Miller to pay the same amount of penalty that the FDIC had assessed. Miller asserts that...

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