Damian Sinclair, Individually and as Assignee of Sinclair National Bank v. John D. Hawke, Jr.

LOKEN, Circuit Judge.

Exercising his comprehensive authority to regulate national banks, the Comptroller of the Currency declared Sinclair National Bank (SNB) insolvent and appointed the Federal Deposit Insurance Corporation (FDIC) as SNB’s receiver under the national banking laws. See 12 U.S.C. §§ 191, 1821(c)(2)(A)(ii). SNB and its owner, Damian Sinclair, sued the Comptroller in his official capacity, the FDIC, and certain employees of the Office of the Comptroller of the Currency (OCC) seeking an order removing the FDIC as receiver and other equitable relief. The district court 1 denied…