Legal Opinion
First Gibraltar Bank, Fsb and Beneficial Texas, Inc. v. Dan Morales, Atty. General, as Attorney General for the State of Texas
Court of Appeals for the First Circuit
Decided January 4, 1995No. 93-8170PublishedCited by 39 opinions
1Per curiam
Our prior opinion in this case, First Gibraltar Bank, FSB v. Morales, 19 F.3d 1032 (5th Cir.), cert. denied, — U.S. -, 115 S.Ct. 204, 130 L.Ed.2d 134 (1994), is vacated and the following is substituted therefor.
The issue presented for our determination is whether the Home Owners’ Loan Act, 1 12 U.S.C. §§ 1461-1468c, and Chapter 39 of Title 12 of the United States Code, formerly designated as the Alternative Mortgage Transaction Parity Act of 1982, together with regulations thereunder, have preempted the Texas homestead law to the extent that it prohibits lenders from enforcing liens on home…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
- United States v. KleinSupreme Court of the United States · 1872
13 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Motor & Equipment Manufacturers Ass'n v. NicholsCourt of Appeals for the D.C. Circuit · 1998
- Comer v. Murphy Oil USA, Inc.Court of Appeals for the Fifth Circuit · 2013
- Bell v. ThompsonSupreme Court of the United States · 2005
- Rencare, Ltd. v. Humana Health Plan of Texas, Inc., Doing Business as Humana Health Plan of San Antonio Humana Hmo of Texas, Inc.Court of Appeals for the Fifth Circuit · 2005
- City of Arlington v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 2012
34 more not listed; retrieve them via the Exa API.