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POOL v. RESOLUTION TRUST CORP.

No. 93-1253 Summary Calendar.

13 F.3d 880 (1994)

Janet M. POOL, Plaintiff-Appellant, v. RESOLUTION TRUST CORPORATION, et al., Defendants, Resolution Trust Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 10, 1994.

Attorney(s) appearing for the Case

H. Gray Burks, IV, Houston, TX, for plaintiff-appellant.

Mitchell E.F. Plaue, Cnsl., RTC, Washington, DC, Anne Buxton Sobol, Richard B. Sobol, Sobol & Pitts, New Orleans, LA, for RTC.

Before GOLDBERG, JOLLY, and JONES, Circuit Judges.

PER CURIAM:

In its clean up of the massive fraud and misfeasance in the savings and loan industry, the Resolution Trust Company ("RTC") must make difficult decisions about who will and who will not be covered by deposit insurance. These determinations are generally left to the discretion of the RTC. The RTC's conclusions are, however, reviewable under the Administrative Procedure Act, 5 U.S.C. § 706, permitting reversal where the decision is found to be "arbitrary...

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