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PROFFITT v. F.D.I.C.

No. 98-1534.

200 F.3d 855 (2000)

Billy PROFFITT, Petitioner, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 2000.

Attorney(s) appearing for the Case

Frank J. Eisenhart argued the cause for the petitioner. Arthur W. Leibold, Jr. entered an appearance.

Jack D. Smith, Deputy General Counsel, Federal Deposit Insurance Corporation, argued the cause for the respondent. Christopher J. Bellotto and Lawrence H. Richmond, Counsel, Federal Deposit Insurance Corporation, were on brief.

Robert B. Serino, L. Robert Griffin and Douglas B. Jordan, Counsel, United States Department of Treasury, were on brief for amicus curiae.

Before: SILBERMAN, GINSBURG and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Dissenting Opinion filed by Circuit Judge SILBERMAN.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In 1998 the Federal Deposit Insurance Corporation (FDIC) removed Billy Proffitt as director of Tennessee State Bank of Gatlinburg, Tennessee (Bank) and prohibited him from further participation in the banking industry. The FDIC acted pursuant to its removal authority under section 8(e), 12...

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