COMMUNITY FIRST BANK v. NATIONAL CREDIT UNION ADM.

No. 5:93-cv-59.

832 F.Supp. 1118 (1993)

COMMUNITY FIRST BANK, Independent Bank, The Ionia County National Bank of Ionia and Union Bank, Plaintiffs, v. The NATIONAL CREDIT UNION ADMINISTRATION and Portland Federal Credit Union, Defendants.

United States District Court, W.D. Michigan, S.D.

August 25, 1993.


Attorney(s) appearing for the Case

Robert J. Jonker and Dennis John Donohue, Warner, Norcross & Judd, Grand Rapids, MI, for plaintiffs, Community First Bank, Independent Bank, The Ionia County Nat. Bank of Ionia and Union Bank.

John A. Smietanka, U.S. Atty., Thomas J. Gezon, Acting U.S. Atty., Michael L. Schipper, Asst. U.S. Atty., Grand Rapids, MI; Steven W. Widerman, Nat. Credit Union Admin., Office of Gen. Counsel; Kenneth L. Doroshow, Anne L. Wiesmann, U.S. Dept. of Justice, Civ. Div., Washington, DC; and Nicholas Veghts, Nat. Credit Union Ass'n, Region IV, Lisle, IL, for defendant, Nat. Credit Union Admin.

Grant J. Gruel, Gruel, Mills, Nims & Pylman, Grand Rapids, MI, for defendant, Portland Federal Credit Union.

John J. Gill and Michael F. Crotty, American Bankers Ass'n, Washington, DC, for amicus, American Bankers Ass'n.

Donald C. Heikkinen, Michigan Bankers Ass'n, Lansing, MI, for amicus, Michigan Bankers Ass'n.

Paul J. Lambert, Teresa Burke, and Carolyn M. Landever, Bingham, Dana & Gould, Washington, DC, for amicus, Credit Union Nat. Ass'n and for amicus, Michigan Credit Union League.

Steven L. Owen, Michael W. Puerner, and Mark J. Burzych, Foster, Swift, Collins & Smith, P.C., Lansing, MI, for amicus, Michigan League of Sav. Institutions.


OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

MILES, Senior District Judge.

In this action filed under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., the plaintiffs, four banks, challenge a decision of the National Credit Union Administration ("NCUA") approving an application by a federal credit union for amendment of its membership charter.

The matter came before the court on August 17, 1993 for a hearing on motions...

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