Legal Opinion
Amerifirst Properties, Inc. v. Federal Deposit Insurance Corp. (Receiver for Western Bank--Westheimer)
Court of Appeals for the First Circuit
Decided August 4, 1989No. 87-2963PublishedCited by 20 opinions
1Opinion of the Court
KING, Circuit Judge:
The plaintiff-appellant brought suit against the defendant-appellee for violating the antitying provision of the Bank Holding Company Act Amendment. The defendant-appellee filed a motion to dismiss for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and the district court granted it. Finding that the district court erred in concluding (1) that a loan must actually be funded in order to satisfy the meaning of “extended credit” under 12 U.S.C. § 1972(1)(A) (1980) and (2) that the plaintiff-appellant failed to show that it had standing to sue, we reverse the district court…
2Cases cited13 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Cruz v. BetoSupreme Court of the United States · 1972
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
- Rhett G. Campbell, Trustee, Joseph C. Canizaro, Intervenor-Appellant v. Wells Fargo Bank, N.A.Court of Appeals for the Fifth Circuit · 1986
- Nordic Bank PLC v. Trend Group, Ltd.District Court, S.D. New York · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Youngblood Group v. Lufkin Federal Savings & Loan Ass'nDistrict Court, E.D. Texas · 1996
- Tri-Crown, Inc. v. American Federal Savings & Loan Ass'nCourt of Appeals for the Tenth Circuit · 1990
- Integon Life Insurance Corporation, Cross-Appellee v. Philip A. Browning, Jr., Pabgnes Hotels, Ltd., Browning Associates, Ltd., and J.A. Jones, Jr., Cross-Appellants. Chastain Properties, Inc., Philip A. Browning, Jr., Striton Properties, Inc., Browning Associates, Ltd., Scufflegrit, Ltd., Philip A. Browning and Associates, Inc., Plaintiffs-Counterclaim Defendants-Appellants-Cross-Appellees v. The Resolution Trust Corporation, as Receiver of San Jacinto Savings Association and as Receiver of San Jacinto Savings Association, F.A., San Jac Mortgage Company, Defendants-Counterclaim the Insurance Commissioner of the State of California, as Conservator of Pacific Standard Life Insurance Company, Defendant-Counterclaim Plaintiff-Third-Party Plaintiff-CrossCourt of Appeals for the Third Circuit · 1993
- Palermo v. First National Bank And Trust Company Of Oklahoma CityCourt of Appeals for the First Circuit · 1990
- Newton v. Uniwest Financial Corp.Court of Appeals for the Ninth Circuit · 1992
15 more not listed; retrieve them via the Exa API.