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National State Bank of Elizabeth v. Smith

February 5, 1979

NATIONAL STATE BANK OF ELIZABETH, N.J., PLAINTIFF AND NEW JERSEY BANKERS ASSOCIATION, INTERVENING PLAINTIFF APPELLANTS
v.
JAMES E. SMITH, COMPTROLLER OF THE CURRENCY, FEDERAL HOME LOAN BANK BOARD, GILBERT G. ROESSNER, GERALD E. RUPP, ALFRED H. HEDDON, DAVID W. MATCHETT, RONALD J. TELL, JOHN W. ATHERTON, JR., CITY FEDERAL SAVINGS AND LOAN ASSOCIATION AND CITY CONSUMERS SERVICES, INC., DEFENDANTS



ON PETITION OF FEDERAL HOME LOAN BANK BOARD FOR REHEARING Present: GARTH, BIGGS and MARIS, Circuit Judges

Author: Maris

Order

Upon consideration of the petition of the Federal Home Loan Bank Board for rehearing, and no judge who concurred with the decision of the court desiring rehearing, it is ordered that rehearing be denied.

It is further ordered that the opinion of the court filed January 15, 1979, be amended as follows:

On page 12, line 7, of the printed opinion "Pub. L. 95-630, 92 Stat. 3641," is inserted in lieu of "Pub. L. No. 95-630,".

On page 16, line 9, of the printed opinion, the following additional sentence:

"We do not agree with what we regard as the unduly narrow view of the arguable scope of this provision of the statute which was taken in Union National Bank of Clarksburg v. Home Loan Bank Board, 233 F.2d 695 (D.C. Cir. 1956), upon which the Board relies."

is inserted immediately following the words: "mortgage loans."

On page 16, line 11, of the printed opinion the words "However, the" are inserted in lieu of the word "The".

By THE COURT

ALBERT B. MARIS Circuit Judge

19790205

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