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FEDERAL RESERVE BANK v. CITY OF RICHMOND

No. 90-2097.

957 F.2d 134 (1992)

FEDERAL RESERVE BANK OF RICHMOND, A United States Corporation, Plaintiff-Appellee, v. CITY OF RICHMOND, A Virginia Municipal Corporation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Michael King Jackson, City Atty's Office, Richmond, Va., argued (G. Timothy Oksman, City Atty's Office, on brief), for defendant-appellant.

Christopher Matthew Malone, Thompson & McMullan, Richmond, Va., argued (Charles L. Williams, Thompson & McMullan, on brief), for plaintiff-appellee.

Before WIDENER, Circuit Judge, HILL, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

WIDENER, Circuit Judge:

The City of Richmond (City) appeals the district court's grant of summary judgment in favor of the Federal Reserve Bank of Richmond (Bank). We find that the district court erred in concluding that the City's assessment, under 12 U.S.C. § 531, of penalty and interest charges against the Bank for delinquent payment of real estate taxes was improper. We therefore reverse the district court's grant of summary judgment.

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