Legal Opinion

Colorado ex rel. Colorado State Banking Board v. Resolution Trust Corp.

Court of Appeals for the Tenth Circuit

Decided February 11, 1991No. Nos. 90-1276, 90-1279 and 90-2107PublishedCited by 1 opinion

1Opinion of the Court

STEPHEN H. ANDERSON, Circuit Judge.

This appeal consists of two cases challenging a Resolution Trust Corporation (“RTC”) regulation, 55 Fed.Reg. 22,323 *934(1990) (to be codified at 12 C.F.R. § 1611.1) (the “Override Regulation”), allowing banks that acquire failed or failing savings and loan associations (“thrifts”) to operate the thrifts’ offices 1 as bank branches, notwithstanding state laws that would prohibit the acquiring bank from operating such branches. We are confronted with a split between two district courts within the Circuit. The State and Independent Community Bankers of New Mexico…

2Cases cited25 opinions

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
United States v. O'BrienSupreme Court of the United States · 1968
Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
Clarke v. Securities Industry Assn.Supreme Court of the United States · 1987

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3Cited by1 opinion

State of Colorado, Ex Rel. Colorado State Banking Board Independent Bankers of Colorado, a Non-Profit Corporation v. Resolution Trust Corporation, an Agency of the United States Federal Deposit Insurance Corporation, an Agency of the United States and Robert L. Clarke, in His Official Capacity as the Comptroller of the Currency of the United States, Conference of State Bank Supervisors Independent Bankers Association of America, Amicus Curiae. State of Colorado, Ex Rel. Colorado State Banking Board Independent Bankers of Colorado, a Non-Profit Corporation v. Resolution Trust Corporation, an Agency of the United States Federal Deposit Insurance Corporation, an Agency of the United States, and Robert L. Clarke, in His Official Capacity as the Comptroller of the Currency of the United States, Conference of State Bank Supervisors Independent Bankers Association of America, Amicus Curiae. Independent Community Bankers Association of New Mexico, a Non-Profit New Mexico Corporation the State of New Mexico, the Financial Institutions Division, Plaintiff-Intervenor-Appellant v. Resolution Trust Corporation, an Agency of the United States Federal Deposit Insurance Corporation, an Agency of the United States and Robert L. Clarke, in Official Capacity as Comptroller of the Currency of the United States, State of Colorado Independent Bankers of Colorado, a Colorado Non-Profit Corporation Conference of State Bank Supervisors Independent Bankers Association of America, Amicus CuriaeCourt of Appeals for the Tenth Circuit · 1991