(Download) "Marietta Franklin Securities Co. v. Muldoon" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free

March 07, 2021

eBook details

Title: Marietta Franklin Securities Co. v. Muldoon
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 02, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Per Curiam. 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).