Wilburn S. Bruce v. First Federal Savings and Loan Association of Conroe, Inc.

CLARK, Chief Judge:

This case involves a question of statutory-construction. We hold that the word “and” in the antitying provision of 12 U.S.C.A. § 1464(q)(l) should be given a disjunctive rather than a conjunctive meaning. We also hold that the district court erred by dismissing the complaint for failure to state a claim upon which relief can be granted.

I. Facts

When reviewing a case dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6), the court accepts the nonmoving party’s well pleaded allegations as true and construes them in a light most favorable to that party. Deubert v. Gulf…