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WACHTEL v. OFFICE OF THRIFT SUPERVISION

Nos. 91-1580, 91-1590, 91-1591 and 91-1600.

982 F.2d 581 (1993)

David K. WACHTEL, Jr. and Hickory Investments, Inc., Petitioners, v. OFFICE OF THRIFT SUPERVISION, Respondent. David K. WACHTEL, Jr., John W. Haley, Charles W. Bone, W.L. Bone, J. Thomas Holland, II, and Hickory Investments, Inc., Petitioners, v. Timothy RYAN, Director, Office of Thrift Supervision, Respondent. John W. HALEY, Petitioner, v. OFFICE OF THRIFT SUPERVISION, Respondent. J. Thomas HOLLAND, II, Petitioner, v. OFFICE OF THRIFT SUPERVISION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 1993.

Attorney(s) appearing for the Case

John C. Deal, Columbus, OH, with whom Robert J. Walker, Bob F. Thompson, Bennett L. Ross, Aubrey B. Harwell, Jr., and Ronald G. Harris, Nashville, TN, Attorneys, were on the joint brief, for petitioners David K. Wachtel Jr., John W. Haley, and Hickory Investments, Inc. J. Houston Gordon, Covington, TN, and Joseph N. Barker, Nashville, TN, Attorneys, were on the joint brief for petitioners Charles W. Bone, W.L. Bone, and J. Thomas Holland, II.

Dirk S. Roberts, Acting Asst. Chief Counsel, Office of Thrift Supervision, with whom Harris Weinstein, Chief Counsel, Carolyn B. Lieberman, Senior Deputy Chief Counsel, Thomas J. Segal, Deputy Chief Counsel, Geraldine Gennet, Sr. Trial Atty., and Frances M. Recio, Trial Atty., Office of Thrift Supervision, Washington, DC, were on the brief, for respondent. Steven W. Dimmick and Jory M. Hochberg, Washington, DC, also entered an appearance for respondent.

Before: SILBERMAN, BUCKLEY, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioners, a savings bank's holding company and its stockholders, seek review of an order issued by the Office of Thrift Supervision (OTS). The order directs petitioners to pay OTS $5.3 million on the ground that they were subject to a condition imposed in writing which required them to maintain the net worth of the savings bank subsidiary. Petitioners deny the existence of...

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