FRANKLIN SAV. ASS'N v. OFFICE OF THRIFT SUPERVISION

No. 93-3093.

31 F.3d 1020 (1994)

FRANKLIN SAVINGS ASSOCIATION, a Kansas Savings and Loan Association; Franklin Savings Corporation, a Kansas corporation, on behalf of itself and in its derivative capacity as controlling shareholder of Franklin Savings Association, Plaintiffs-Appellees, v. OFFICE OF THRIFT SUPERVISION, Director, Department of the Treasury, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 2, 1994.


Attorney(s) appearing for the Case

Brant M. Laue (Charles W. German of Rouse, Hendricks, German, May & Shank, P.C., Kansas City, MO; Carter G. Phillips and Dennis D. Hirsch of Sidley & Austin, Washington, DC, with him on the brief) of Rouse, Hendricks, German, May & Shank, P.C., Kansas City, MO, for plaintiffs-appellees.

Aaron B. Kahn (Carolyn B. Lieberman, Acting Chief Counsel, Thomas J. Segal, Deputy Chief Counsel, Elizabeth R. Moore, Asst. Chief Counsel, Martin Jefferson Davis, Senior Trial Atty., Office of Thrift Supervision, Washington, DC; and Joann E. Corpstein, Senior Atty., Office of Thrift Supervision, Overland Park, KS, with him on the briefs), for plaintiff-appellant.

Before BRORBY, SETH, and EBEL, Circuit Judges.


BRORBY, Circuit Judge.

The Director of the Office of Thrift Supervision (Director) filed a bill of costs in district court following the dismissal of an action brought against the Director by Franklin Savings Association and Franklin Savings Corporation (Franklin). The district court denied the Director's costs finding its bill in violation of an automatic stay imposed by Franklin's prior bankruptcy petition. The Director appeals from the district court's refusal...

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