HOME MORTGAGE BANK, a Utah Chartered Commercial Bank, Plaintiff-Appellant,
v.
T. Timothy RYAN, Jr., Director, Office of Thrift Supervision; Office of Thrift Supervision; and The Resolution Trust Corporation, Defendants-Appellees.
T. Timothy RYAN, Jr., Director, Office of Thrift Supervision, Plaintiff-Appellee,
v.
G. Edward LEARY, Commissioner, State of Utah Department of Financial Institutions, Defendant.
T. Timothy RYAN, Jr., Director, Office of Thrift Supervision, Plaintiff-Appellee,
v.
G. Edward LEARY, Commissioner, State of Utah Department of Financial Institutions, Defendant-Appellant,
HOME MORTGAGE BANK, a Utah Chartered Commercial Bank, Plaintiff,
v.
T. Timothy RYAN, Jr., Director, Office of Thrift Supervision; Office of Thrift Supervision, and The Resolution Trust Corporation, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 17, 1993.
February 17, 1993.
Attorney(s) appearing for the Case
Jeffrey M. Jones (Kyle S. McKay, also of Allen Hardy Evans Rasmussen & Jones, with him on the brief), Salt Lake City, UT, for plaintiff-appellant Home Mortg. Bank.
Bryce H. Pettey, Asst. Atty. Gen. (Paul Van Dam, Atty. Gen., and Billy L. Walker, Deputy Comm'r of Fin. Institutions, with him on the brief), Salt Lake City, UT, for defendant-appellant G. Edward Leary.
Aaron B. Kahn, Asst. Chief Counsel (Harris Weinstein, Chief Counsel, Thomas J. Segal, Deputy Chief Counsel, and David H. Enzel, Sr. Trial Atty., with him on the brief), Office of Thrift Supervision, Washington, DC, for plaintiff-appellee T. Timothy Ryan, Jr. and Defendants-Appellees T. Timothy Ryan, Jr., Office of Thrift Supervision, and The Resolution Trust Corp.
Before LOGAN, LAY, and BARRETT, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LOGAN, Circuit Judge.
Defendant G. Edward Leary,1 Commissioner of the Utah Department of Financial Institutions (the Commissioner), appeals the district court's grant of the Office of Thrift Supervision's (OTS's) motion for summary judgment and the denial of the Commissioner's cross-motion for summary judgment. Plaintiff Home Mortgage Bank (Home) appeals the concurrent dismissal of its complaint...
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