GHIGLIERI v. SUN WORLD, NAT. ASS'N

No. EP-96-CA-324-DB.

942 F.Supp. 1111 (1996)

Catherine A. GHIGLIERI, Texas Banking Commissioner, Plaintiff, v. SUN WORLD, NATIONAL ASSOCIATION and Eugene A. Ludwig, Comptroller of the Currency for the United States, Defendants.

United States District Court, W.D. Texas, El Paso Division.

October 29, 1996.


Attorney(s) appearing for the Case

Dorothy Ann Johnson, Texas Department of Banking, Austin, TX, David Mattax, Assistant Attorney General for the State of Texas, Finance Division, Austin, TX, for Plaintiff Catherine A. Ghiglieri.

E. Edward Bruce, Covington & Burling, Washington, DC, Jeffrey S. Alley, Scott, Hulse, Marshall, Feuille, Finger & Thurmond, El Paso, TX, for Defendant Sun World National Association.

Larry J. Stein, Sr. Trial Attorney, Angela Ting, Trial Attorney, Office of the Comptroller of the Currency, Washington, DC, for Defendant Eugene A. Ludwig.

Karen M. Neeley, General Counsel, Independent Bankers Assoc. Of Texas, Austin, TX, for Amicus Curiae Independent Bankers Association of Texas.

Elizabeth A. Glenn, Assistant Attorney General for the State of New Mexico, Santa Fe, NM, for Amicus Curiae Financial Institutions Division of the New Mexico Regulation and Licensing Department & State Banking Commissioners for Arkansas, West Virginia and New Hampshire.


MEMORANDUM OPINION AND ORDER

BRIONES, District Judge.

On this day, the Court considered the various Motions and Cross-Motions for Summary Judgment filed by each of the parties to the above-captioned cause. All Motions and Cross-Motions were timely filed. On Thursday, September 5, 1996, the Court heard the arguments of the parties. After due consideration, the Court is of the opinion that this action should be resolved as set forth below.

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