TEXAS SAVINGS v. FEDERAL HOUSING FINANCE BD.

No. 98-50758.

201 F.3d 551 (2000)

TEXAS SAVINGS & COMMUNITY BANKERS ASSOCIATION, et al., Plaintiffs-Appellants, v. FEDERAL HOUSING FINANCE BOARD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 20, 2000.


Attorney(s) appearing for the Case

Harris Weinstein (argued), Michael Aaron Listgarten, Covington & Burling, Washington, DC, Charles Butler Kreutz, William Baylor Steele, III, Locke, Liddell & Sapp, Austin, TX, for Plaintiffs-Appellants.

Michael Eugene Robinson (argued), U.S. Dept. of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee.

Clayton A. Davis, Federal Home Loan Mortgage Corp., McLean, VA, for Federal Home Loan Mortgage Corp., Amicus Curiae.

Randolph C. Henson, Houston, TX, for Bank United, Amicus Curiae.

Thomas P. Vartanian, Peter Howard Schwartz, David L. Ansell, Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, for Anchorbank, SSB, First Federal Savings Bank LaCrosse Madison, LaSalle Bank, FSB, Liberty Federal Bank, Mid America Bank, FSB, State Bank of Cross Plains, Illinois League of Financial Institutions, Wisconsin Bankers Ass'n, Federal Home Loan Bank of Atlanta, Federal Home Loan Bank of Des Moines, Federal Home Loan Bank of Indianapolis, Federal Home Loan Bank of New York, Federal Home Loan Bank of Pittsburgh, Amici Curiae.

Rosemary Stewart, Robert L. Shapiro, Spriggs & Hollingsworth, Washington, DC, for National Ass'n of Home Builders and Texas Ass'n of Builders, Amicus Curiae.

Before POLITZ and STEWART, Circuit Judges, and LITTLE, District Judge.


LITTLE, District Judge:

Today, we consider the district court's approval, by way of summary judgment in favor of the Federal Housing Finance Board, of a novel method to fund housing mortgage loans by Federal Home Loan Banks. For the reasons that follow, we affirm the decision of the district court.1

No one contests the fact that since the Great Depression, the central government has attempted to facilitate man's acquisition of...

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