Legal Opinion · Dissent

Weber v. FIRST FEDERAL BANK

South Dakota Supreme Court

Decided November 9, 1994No. 18569Published

1DissentWuest, Justice

Because I believe federal law does not preempt the issue in this case, I would reverse and remand to the circuit court.

*723There are two lines of eases that appear to have applicability to the present question. However, one line (which includes cases relied upon by the circuit court) is clearly distinguishable from other ease authority that is directly on point. A case from the Ninth Circuit court of appeals is representative of this first line of cases, which shall be referred to as the “at pleasure” cases. See Inglis v. Feinerman, 701 F.2d 97 (9th Cir. 1983). It is important to note that none…

2Cases cited13 opinions

  1. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  2. Bollow v. Federal Reserve Bank of San FranciscoCourt of Appeals for the Ninth Circuit · 1981
  3. Harrell G. Andrews v. Federal Home Loan Bank of AtlantaCourt of Appeals for the Fourth Circuit · 1993
  4. Butterfield v. Citibank of South Dakota, N.A.South Dakota Supreme Court · 1989
  5. Blote v. First Federal Savings & Loan Ass'n of Rapid CitySouth Dakota Supreme Court · 1988

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