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FOURTH CORNER CREDIT UNION v. FEDERAL RESERVE BANK

No. 16-1016.

861 F.3d 1052 (2017)

The FOURTH CORNER CREDIT UNION, a Colorado state-chartered credit union, Plaintiff-Appellant, v. FEDERAL RESERVE BANK OF KANSAS CITY, Defendant-Appellee. Board of Governors of the Federal Reserve System, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Filed June 27, 2017.

Attorney(s) appearing for the Case

Mark A. Mason , The Mason Law Firm, P.A., Mount Pleasant, South Carolina ( Gabrielle Z. Lee , The Mason Law Firm, P.A. Mount Pleasant, South Carolina, with him on the briefs), for Plaintiff-Appellant.

Scott S. Barker , Wheeler Trigg O'Donnell LLP, Denver, Colorado ( N. Reid Neureiter and Benjamin I. Kapnik , Wheeler Trigg O'Donnell LLP, Denver, Colorado, with him on the brief), for Defendant-Appellee.

Scott G. Alvarez , General Counsel; Richard M. Ashton , Deputy General Counsel; Katherine H. Wheatley , Associate General Counsel; Yvonne F. Mizusawa , Senior Counsel, Board of Governors of the Federal Reserve System, Washington, D.C., filed an amicus brief for Amici Curiae, the Board of Governors of the Federal Reserve System.

Before MATHESON, BACHARACH, and MORITZ, Circuit Judges.

In this appeal, we vacate the district court's order and remand with instructions to dismiss the amended complaint without prejudice. This disposition is addressed in three opinions — one by each member of the panel. Judge Moritz would affirm the dismissal with prejudice. Judge Matheson would...

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