Legal Opinion
Fidelity Federal Savings & Loan Ass'n v. De La Cuesta
Supreme Court of the United States
Decided June 28, 1982No. 81-750PublishedCited by 1,741 opinions
1Opinion of the CourtJustice Blackmun
At issue in this case is the pre-emptive effect of a regulation, issued by the Federal Home Loan Bank Board (Board), permitting federal savings and loan associations to use “due-on-sale” clauses in their mortgage contracts. Appellees dispute both the Board’s intent and its statutory authority to displace restrictions imposed by the California Supreme Court on the exercise of these clauses.
I
A
The Board, an independent federal regulatory agency, was formed in 1932 and thereafter was vested with plenary authority to administer the Home Owners’ Loan Act of 1933 (HOLA), 48 Stat. 128, as amended, 12…
2Cases cited48 opinions
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- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
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3Cited by1,741 opinions
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- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
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