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

No. 93-3180.

35 F.3d 1466 (1994)

FRANKLIN SAVINGS ASSOCIATION, formerly a Kansas Savings and Loan Association; Franklin Savings Corporation, a Kansas corporation, Plaintiffs-Appellants, v. OFFICE OF THRIFT SUPERVISION, Director, Department of the Treasury, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 16, 1994.

Attorney(s) appearing for the Case

Mark S. Gunnison (R. Pete Smith, Jonathan A. Margolies and Katharina E. Beal of McDowell, Rice & Smith, Kansas City, MO, with him on the briefs) of McDowell, Rice & Smith, Overland Park, KS, for plaintiffs-appellants.

Aaron B. Kahn, Asst. Chief Counsel (Carolyn B. Lieberman, Acting Chief Counsel, and Thomas J. Segal, Deputy Chief Counsel, with him on the brief), Office of Thrift Supervision, Washington, DC, for defendant-appellee.

Before BRORBY, SETH and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

Franklin Savings and Loan Association (the Association) appeals the decision of the district court that held the Association was not entitled to judicial review of a decision of the Director of the Office of Thrift Supervision (the Director). The Director replaced the conservator, who was to operate the Association, with a receiver, who will liquidate the Association. We hold judicial review of the replacement decision is not permitted. We furthermore...

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