LEE v. BD. OF GOVERNORS OF FEDERAL RESERVE SYSTEM

Nos. 155, 420, Dockets 95-4134, 96-4008.

118 F.3d 905 (1997)

Matthew LEE; Vielka O. Peguero; Yvonne Santana; Inner City Press/Community on the Move Homesteader's Association, Petitioners, v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM and the Office of Thrift Supervision, Respondents, U.S. Trust Corporation and Chase Manhattan Corporation, Intervenors. INNER CITY PRESS/COMMUNITY ON THE MOVE, and its members and affiliates; South Bronx/Inner City Prospective Homeowners Association; Inner City Community Development Loan Fund; South Bronx/Inner City Small Business Alliance; Matthew Lee and Vielka Peguero, Petitioners, v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, Respondent, Chemical Banking Corporaton, the Chase Manhattan Corporation (collectively, the "Holding Companies"), Chemical Bank and the Chase Manhattan Bank, N.A. (collectively, the "Banks"), Intervenors.

United States Court of Appeals, Second Circuit.

Decided July 2, 1997.


Attorney(s) appearing for the Case

Michael E. Deutsch, Barbara J. Olshansky, New York City (Renee Steinhagen, Laura Davis, Center for Constitutional Rights, Eric A. Klein, Cynthia Reed, New York City, of counsel), for Petitioners.

Matthew Lee, New York City, pro se.

Douglas B. Jordan, Washington, DC (James V. Mattingly, Jr., General Counsel, Richard M. Ashton, Associate General Counsel, Katherine H. Wheatley, Assistant General Counsel, Washington, DC, of counsel), for Respondent Board of Governors of the Federal Reserve System.

Aaron B. Kahn, Washington, DC (Carolyn J. Buck, Chief Counsel, Thomas J. Segal, Deputy Chief Counsel, Washington, DC, of counsel), for Respondent Office of Thrift Supervision.

Warren W. Traiger, New York City (Joseph Calluori, New York City, of counsel), for Intervenor U.S. Trust Corporation.

Mark Segal, New York City (Patricia M. Kelly, Betty Y. Yan, Chemical Bank Legal Department, New York City, of counsel), for Intervenor Chemical Banking Corporation and Chemical Bank.

Kent T. Stauffer, Matthew G. Leonard, New York City, for Intervenor Chase Manhattan Corporation.

Melvyn L. Cantor, Eric S. Kobrick, Simpson Thacher & Bartlett, New York City, for Intervenors Chemical Banking Corporation, The Chase Manhattan Corporation, Chemical Bank and The Chase Manhattan Bank, N.A.

Before: VAN GRAAFEILAND and LEVAL, Circuit Judges, and SQUATRITO, District Judge.


VAN GRAAFEILAND, Circuit Judge:

At issue herein are two petitions brought pursuant to section 9 of the Bank Holding Company Act ("BHCA"), 12 U.S.C. § 1848, and section 10(j) of the Home Owners' Loan Act ("HOLA"), 12 U.S.C. § 1467a(j), seeking to overturn three orders of the Board of Governors of the Federal Reserve System ("the Board") and one order of the Director of the Office of Thrift Supervision ("OTS"). In action number 95-4134, Matthew Lee, Vielka...

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