MARIETTA FRANKLIN SECURITIES COMPANY v. Muldoon
| Decision Date | 02 July 1992 |
| Docket Number | No. 91-3930.,91-3930. |
| Citation | 972 F.2d 128 |
| Parties | MARIETTA FRANKLIN SECURITIES COMPANY, Plaintiff-Appellant, Pioneer Savings & Loan Company, Plaintiff, v. Larry MULDOON, District Director of the Office of Thrift Supervision, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
James A. Giles (briefed), Giles & Williams, Mt. Vernon, Ohio, Mark S. Miller (argued), Columbus, Ohio, for plaintiff-appellant.
Albert Ritcher, Office of the U.S. Atty., Columbus, Ohio, Elizabeth R. Moore, Office of the Dept. of Treasury, Thrift Supervision, Richard L. Rennert (argued and briefed), Office of Thrift Supervision, Washington, D.C., for defendant-appellee.
Before: KENNEDY and NORRIS, Circuit Judges; and LIVELY, Senior Circuit Judge.
Pursuant to 12 U.S.C. § 1464(d)(2)(C), the Director of the Office of Thrift Supervision is authorized to appoint a receiver for an insured state savings association. In the event of such an appointment, "the association" may bring an action in the district court seeking to remove the receiver. 12 U.S.C. § 1464(d)(2)(E). In the cause before us, the action was brought by just such an association, Pioneer Savings & Loan Company. Marietta Franklin Securities Company was also listed as a plaintiff, apparently on the basis that it owned Pioneer. The district court refused to remove the receiver and dismissed the case.
The notice of appeal from this order was captioned "Marietta Franklin Securities Co., Plaintiffs vs. Larry Muldoon, Director of the Office of Thrift Supervision, Defendants," and the body of the notice read: "Notice is hereby given that Plaintiff appeals to the United States Court of Appeals for the Sixth Circuit from the Judgment entered in this action on July 25, 1991." Counsel signing the notice was identified as "Attorney for Plaintiff-Appellant." Nowhere was Pioneer specified as a party taking the appeal as required by Fed. R.App.P. 3(c). As the notice clearly fails to comply with the rule and applicable case law, Pioneer is not before this court as a party appealing an adverse judgment. Minority Employees v. Tennessee Dep't of Employment Sec., 901 F.2d 1327 (6th Cir. 1990) (en banc).
In the caption of the notice of appeal, Marietta Franklin Securities, Co., was specified as a party purporting to take an appeal. However, the receiver was appointed for Pioneer, not Marietta Franklin, and as "the association" subject to the appointment of the receiver, Pioneer was the...
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...Sixth Circuit's decisions of United Liberty Life Insurance Co. v. Ryan, 985 F.2d 1320 (6th Cir.1993), and Marietta Franklin Securities Co. v. Muldoon, 972 F.2d 128, 129 (6th Cir.1992). This interpretation does not deny the plaintiffs an avenue for judicial review. The capacity to sue is not......
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Franklin Sav. Ass'n v. Office of Thrift Supervision, 93-3180
...appointment of the receiver. See United Liberty Life Ins. Co. v. Ryan, 985 F.2d 1320, 1328 (6th Cir.1993); Marietta Franklin Sec. Co. v. Muldoon, 972 F.2d 128, 129 (6th Cir.1992). Congress has not authorized stockholders of a savings and loan association to sue under this portion of FIRREA,......
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Marietta Franklin Securities Co. v. Muldoon
...On July 2, 1992, however, this court sua sponte dismissed Marietta's appeal for lack of jurisdiction. Marietta Franklin Securities Co. v. Muldoon, 972 F.2d 128 (6th Cir.1992). Recognizing 12 U.S.C. Sec. 1464(d)(2)(E) authorizes only the savings association for which a receiver has been appo......
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Life Bancshares, Inc. v. Fiechter, Civ. A. No. 93-88-B.
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