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FIRST CITY BANK v. NAT. CREDIT UNION ADMIN. BD.

No. 95-6543.

111 F.3d 433 (1997)

FIRST CITY BANK, Plaintiff-Appellant, Tennessee Bankers Association, Intervening Plaintiff-Appellant, v. NATIONAL CREDIT UNION ADMINISTRATION BOARD, Defendant-Appellee, AEDC Federal Credit Union, Tennessee Credit Union League, and Credit Union National Association, Inc., Intervening Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 14, 1997.

Rehearing Denied June 16, 1997.

Attorney(s) appearing for the Case

Randall S. Mashburn (argued and briefed), Baker, Donelson, Bearman & Caldwell, Nashville, TN, Rodney M. Scott, Murfreesboro, TN, for Fiest City Bank, Tennessee Bankers Association.

Jacob M. Lewis (argued and briefed), Douglas N. Letter, Department of Justice, Appellate Staff, Civil Division, Washington, DC, Anne L. Weismann, Department of Justice, Washington, DC, for National Credit Union Administration Board.

William M. Leech, Jr., Michael R. Paslay, Waller, Lansden, Dortch & Davis, Nashville, TN, Teresa Burke (briefed), Paul J. Lambert, Bingham, Dana & Gould, Washington, DC, for Tennessee Credit Union League, Credit Union National Association, Inc.

Teresa Burke, (briefed), Paul J. Lambert, Bingham, Dana & Gould, Washington, DC, for AEDC Federal Credit Union.

Before: JONES, RYAN, and MOORE, Circuit Judges.

RYAN, J., delivered the opinion of the court, in which MOORE, J., joined. JONES, J. (pp. 439-42), delivered a separate dissenting opinion.

RYAN, Circuit Judge.

The plaintiff, First City Bank, filed this action under the Federal Credit Union Act (FCUA), 12 U.S.C. §§ 1751-1795k, the Administrative Procedure Act, 5 U.S.C. § 706, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02, challenging the National Credit Union Administration...

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