NATIONAL CREDIT UNION ADMIN. v. FIRST NAT. BANK & TRUST CO.

No. 96-843.

522 U.S. 479 (1998)

NATIONAL CREDIT UNION ADMINISTRATION v. FIRST NATIONAL BANK & TRUST CO. et al.

United States Supreme Court.

Decided February 25, 1998.


Attorney(s) appearing for the Case

Solicitor General Waxman argued the cause for the federal petitioner. With him on the briefs were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, David C. Frederick, Douglas N. Letter, Jacob M. Lewis, Michael E. Robinson, and John K. Ianno. John G. Roberts, Jr., argued the cause for petitioner AT&T Family Federal Credit Union et al. With him on the briefs were Paul J. Lambert, Jonathan S. Franklin, and Brenda S. Furlow.

Michael S. Helfer argued the cause for respondents. With him on the briefs were Louis R. Cohen, Christopher R. Lipsett, John J. Gill III, and Michael F. Crotty.

Thomas, J., delivered an opinion, which was for the Court except as to footnote 6. Rehnquist, C. J., and Kennedy and Ginsburg, JJ., joined that opinion in full, and Scalia, J., joined except as to footnote 6. O'Connor, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, p. 503.


Justice Thomas delivered the opinion of the Court, except as to footnote 6.*

Section 109 of the Federal Credit Union Act (FCUA), 48 Stat. 1219, 12 U. S. C. § 1759, provides that "[f]ederal 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." Since 1982, the National...

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