Legal Opinion · Dissent

Federal Land Bank of Wichita v. Story

Supreme Court of Oklahoma

Decided May 3, 1988No. 68077Published

1DissentHodges, Justice

I respectfully dissent from the majority’s pronouncement that stare decisis dictates that 62 O.S.Supp.1986 §§ 492, 493 (the Act)1 is unconstitutional as violative of the *594contract clauses of the United States and Oklahoma Constitutions,2 and further viola-tive of Article II, § 6 of the Oklahoma Constitution.3

I do not believe the Act so closely parallels Section 1 of the Oklahoma Mortgage Moratorium Act found unconstitutional by this Court in State ex rel. Roth v. Waterfield, 167 Okl. 209, 29 P.2d 24 (1933).4 In Waterfield, while recognizing the existence of the national emergency of economic…

2Cases cited29 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
  3. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  4. Green v. FrazierSupreme Court of the United States · 1920
  5. East New York Savings Bank v. HahnSupreme Court of the United States · 1945

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