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UNITED LIBERTY LIFE INS. CO. v. RYAN

No. 91-3933.

985 F.2d 1320 (1993)

UNITED LIBERTY LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Timothy RYAN, Director, Office of Thrift Supervision, United States Department of the Treasury; Resolution Trust Corporation; Federal Deposit Insurance Corporation; Pinnacle West Capital Corporation; Richard Snell; Henry B. Sargeant Jr.; Karl Eller; Pamela Grant; John R. Norton III; Donald N. Soldwedel; Maurice R. Tanner; Keith L. Turley; Douglas J. Wall; and Faye Widenmann, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1993.

Attorney(s) appearing for the Case

Michael H. Siegler (argued and briefed), Mariann Yevin, (briefed), Ross, Jung, Phillipps & Carson, Cincinnati, OH, for plaintiff-appellant.

Elizabeth Baringhaus Mattingly, Office of the U.S. Atty., Cincinnati, OH, Aaron B. Kahn, David H. Enzel (argued and briefed), Office of the Dept. of Treasury, Thrift Supervision, Washington, DC, Joseph H. Vahlsing, Cors, Bassett, Kohlhepp, Halloran & Moran, Cincinnati, OH, E. Scott Dosek (argued and briefed), Kutak, Rock & Campbell, Phoenix, AZ, John T. Downing (argued and briefed), Washington, DC, Nancy A. Stratta, Snell & Wilmer, Phoenix, AZ, Robert A. Pitcairn, Jr., Katz, Teller, Brant & Hild, Cincinnati, OH, Richard A. Derevan (briefed), Snell & Wilmer, Irvine, CA, James R. Condo (argued), Snell & Wilmer, Phoenix, AZ, for defendants-appellees.

Before: GUY and RYAN, Circuit Judges; and CONTIE, Senior Circuit Judge.

RYAN, Circuit Judge.

This case is concerned primarily with the powers possessed by the federal entities charged with managing the nation's troubled savings and loan institutions. In 1989, Congress responded to the growing crisis in the savings and loan industry by passing legislation that created and empowered new supervisory entities to deal with the institutions, as well as granting new powers to existing agencies. This appeal requires us to consider the extent...

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