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SINCLAIR v. HAWKE

No. 02-1979.

314 F.3d 934 (2003)

Damian SINCLAIR, individually and as assignee of Sinclair National Bank, Plaintiffs-Appellants, v. John D. HAWKE, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 3, 2003.

Attorney(s) appearing for the Case

Helen D. Chaitman, argued, New York, NY (Peter W. Smith, on the brief), for appellant.

Rosa M. Koppel, argued, Washington, DC (Julie L. Williams, Daniel P. Stipano and L. Robert Griffin, on the brief), for appellee.

Before LOKEN, FAGG, and RILEY, Circuit Judges.

LOKEN, Circuit Judge.

Exercising his comprehensive authority to regulate national banks, the Comptroller of the Currency declared Sinclair National Bank (SNB) insolvent and appointed the Federal Deposit Insurance Corporation (FDIC) as SNB's receiver under the national banking laws. See 12 U.S.C. §§ 191, 1821(c)(2)(A)(ii). SNB and its owner, Damian Sinclair, sued the Comptroller in his official capacity, the FDIC, and certain employees of the Office...

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