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NATIONAL TRUST v. F.D.I.C.

No. 93-5137.

21 F.3d 469 (1994)

NATIONAL TRUST FOR HISTORIC PRESERVATION IN the UNITED STATES; Historic Preservation League, Inc., A Non-Profit Corporation; Preservation Texas, Inc., A Non-Profit Corporation, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION; Andrew C. Hove, Jr., in his Official Capacity as Acting Chairman, Federal Deposit Insurance Corporation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 1994.

Attorney(s) appearing for the Case

Richard B. Nettler, Washington, DC, argued the cause for appellants. With him on the briefs were David A. Doheny, Elizabeth S. Merritt and Andrea C. Ferster, Washington, DC.

Jerome A. Madden, Counsel, F.D.I.C., Washington, DC, argued the cause for appellees. With him on the brief were Ann S. DuRoss, Asst. Gen. Counsel, and Richard J. Osterman, Jr., Sr. Counsel, F.D.I.C., Washington, DC.

Kirk Kelso Van Tine and P. Matthew Sutko, Washington, DC, entered appearances for amicus curiae Resolution Trust Corp.

Stuart W. Bowen, Jr., Austin, TX, entered an appearance for amicus curiae Texas Historical Com'n.

Before: WALD, SILBERMAN, and RANDOLPH, Circuit Judges.

Opinion PER CURIAM.

Concurring opinion filed by Circuit Judge WALD in which Circuit Judge SILBERMAN joins.

Concurring opinion filed by Circuit Judge RANDOLPH.

PER CURIAM:

Upon consideration of the briefs and oral argument on rehearing, the original panel opinion, reported as National Trust for Historic Preservation v. FDIC, 995 F.2d 238 (D.C.Cir.1993), is ordered reinstated, except for the analysis of...

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