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FIRST NAT. BANK & TRUST v. NATIONAL CREDIT UNION

No. 94-5295.

90 F.3d 525 (1996)

FIRST NATIONAL BANK AND TRUST COMPANY, et al., Appellants, v. NATIONAL CREDIT UNION ADMINISTRATION, Appellee, and AT&T Family Federal Credit Union and Credit Union National Association, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 1996.

Attorney(s) appearing for the Case

Christopher R. Lipsett, Washington, DC, argued the cause, for appellants, with whom Michael S. Helfer, Leon B. Greenfield, John J. Gill, III and Michael F. Crotty were on the briefs.

Jacob M. Lewis, Attorney, U.S. Department of Justice, argued the cause, for appellees, with whom Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, Douglas N. Letter, Litigation Counsel, Washington, DC, U.S. Department of Justice, and John K. Ianno, Counsel, Alexandria, VA, National Credit Union Administration, were on the brief, for appellee National Credit Union Administration.

Paul J. Lambert and Teresa Burke, Washington, DC, were on the brief, for appellees AT&T Family Federal Credit Union and Credit Union National Association.

Edward C. Winslow, III and William C. Scott, Greensboro, NC, were on the brief, for amicus curiae North Carolina Alliance of Community Financial Institutions.

Before: BUCKLEY, GINSBURG, and TATEL, Circuit Judges.

GINSBURG, Circuit Judge:

Section 109 of the Federal Credit Union Act (FCUA), 12 U.S.C. § 1759, provides that "Federal credit union membership shall be limited to groups having a common bond of occupation or association, or to groups within a well-defined neighborhood, community, or rural district." The question presented in this appeal is whether the members of an occupational FCU must all share a single "common bond of occupation" or, as the National Credit...

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