CALCUTT v. F.D.I.C.

No. 20-4303.

37 F.4th 293 (2022)

Harry C. CALCUTT III, Petitioner, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2022.


Attorney(s) appearing for the Case

ARGUED: Sarah M. Harris , WILLIAMS & CONNOLLY LLP, Washington, D.C., for Petitioner. Michelle Ognibene , FEDERAL DEPOSIT INSURANCE CORPORATION, Arlington, Virginia, for Respondent. ON BRIEF: Sarah M. Harris , Ryan T. Scarborough , William B. Snyderwine , Helen E. White , WILLIAMS & CONNOLLY LLP, Washington, D.C., Barry D. Hovis , MUSICK, PEELER & GARRETT LLP, San Francisco, California, for Petitioner. Michelle Ognibene , John Guarisco , FEDERAL DEPOSIT INSURANCE CORPORATION, Arlington, Virginia, for Respondent. John M. Masslon II , WASHINGTON LEGAL FOUNDATION, Washington, D.C., Ilya Shapiro , CATO INSTITUTE, Washington, D.C., Michael Pepson , AMERICANS FOR PROSPERITY FOUNDATION, Arlington, Virginia, Andrew J. Pincus , MAYER BROWN LLP, Washington, D.C., Robert D. Nachman , BARACK FERRAZZANO KIRSCHBAUM & NAGELBERG LLP, Chicago, Illinois, for Amici Curiae.

BOGGS, J., delivered the opinion of the court in which GRIFFIN, J., joined. MURPHY, J. (pp. 336-62), delivered a separate dissenting opinion.


OPINION

Harry C. Calcutt III, a bank executive and director, petitions for review of an order issued by the Federal Deposit Insurance Corporation ("FDIC") that removes him from his position, prohibits him from participating in the conduct of the affairs of any insured depository institution, and imposes civil money...

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