First Lincolnwood Corporation v. Board of Governors of the Federal Reserve System

The facts in this case fail to show any greater risk to the financial structure of the bank in question or to the community which it serves if a bank holding company is formed than if present private ownership continues. Accordingly, I respectfully dissent from the court’s resolution of the first issue in this case.

The Board’s denial of appellant’s application to form a holding company is based on its finding of an unfavorable ratio of debt to capital in the proposed holding company’s financial structure. But, as the parties agree, this debt/capital ratio would by no means result from the…