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FIRST GIBRALTAR BANK, FSB v. MORALES

No. 93-8170.

42 F.3d 895 (1995)

FIRST GIBRALTAR BANK, FSB and Beneficial Texas, Inc., Plaintiffs-Appellants, v. Dan MORALES, Atty. General, as Attorney General for the State of Texas, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 4, 1995.

Attorney(s) appearing for the Case

James E. Essig, John L. Hill, Jr., Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P., Houston, TX, for appellants.

Dwight C. Smith, III, Office of Thrift Supervision, Washington, DC, for amicus Office of Thrift Supervision.

Frank Oliver, Austin, TX, for amicus Texas Savings.

Peter Brooke Haskel, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellees.

R. Allen Ashcraft, Jr., Calvin, Gibbs & Verner, Houston, TX, for amicus Texas Assoc. of Realtors.

Before POLITZ, Chief Judge, KING and DAVIS, Circuit Judges.

PER CURIAM:

Our prior opinion in this case, First Gibraltar Bank, FSB v. Morales, 19 F.3d 1032 (5th Cir.), cert. denied, ___ U.S. ___, 115 S.Ct. 204, 130 L.Ed.2d 134 (1994), is vacated and the following is substituted therefor.

The issue presented for our determination is whether the Home Owners' Loan Act,1 12 U.S.C. §§ 1461-1468c, and Chapter 39 of Title 12 of the United...

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