York Bank & Trust Co. v. Federal Savings & Loan Insurance

I agree with my colleagues that York Bank’s complaint states a claim for insurance proceeds and that, accordingly, this case should be remanded to the district court for further proceedings. I write separately because I believe the district court should conduct a de novo proceeding as it would in any other suit to recover insurance proceeds.

As the court’s opinion appears to acknowledge, the APA’s provisions for judicial review of agency actions are not intended to preempt adequate judicial reme*642dies created by Congress in other federal legislation. 5 U.S.C. § 704 (1982); see, e.g., Alabama…