Home Loan Bank Board v. Mallonee Federal Home Loan Bank of San Francisco v. Federal Home Loan Bank of Los Angeles

I

Appellants above named appeal from a Preliminary Injunction issued by the lower court enjoining (1) the Home Loan Bank Board, its members, and other persons and defendants from holding or participating in an administrative hearing which was on September 9, 1949 ordered by Home Loan Bank Board (by Order No. 2015) to be held in Washington, D. C., on October 25, 1949, and (2) the initiation of or participation in any administrative or judicial proceedings by any person in conflict with the alleged jurisdiction of the court below. The injunction on appeal was issued on December 1, 1949, in a proceeding which had •been pending in the lower court since May, 1946 and which involved a veritable army •of litigants and innumerable issues. The controversy really revolves around contentions raised in two .major actions, and these actions drew within their orbit the issues and litigants above mentioned.

During the course of the litigation, and for convenience, the lower court consolidated these two major controversies into one action.

The Major Parties

For a better understanding of the complex pattern of litigation revealed in the long record on this appeal it is necessary to clearly…

(concurring).

I agree with Judge BONE’S conclusions as detailed in his exhaustive review of this super-complicated litigation and join in the order contained in the last paragraph of the opinion. The whole subject matter from the beginning presented highly difficult legal questions, solvable in certainty only by the court with the last say. I thoroughly agree that Fahey v. Mallonee, 1947, 332 U.S. 245 , 67 S.Ct. 1552 , 91 L.Ed. 2030 , must be followed as indicated in the main opinion.

196 F.2d 336 HOME LOAN BANK BOARD et al. v. MALLONEE et al. FEDERAL HOME LOAN BANK OF SAN FRANCISCO et al. v. FEDERAL HOME LOAN BANK OF LOS ANGELES et al. No. 12511. United States Court of Appeals Ninth Circuit. April 2, 1952. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Newell A. Clapp, Acting Asst. Atty. Gen., Holmes Baldridge, Asst. Atty. Gen., Edward H. Hickey, Donald B. MacGuineas, Joseph Kovner, Attys., Department of Justice, Washington, D. C., Walter S. Binns, U. S. Atty., Paul Fitting, Asst. U. S. Atty., Los Angeles, Cal., Verne Dusenbery, Portland, Or., Philip H. Angell, Robert M. Adams, Jr., San Francisco, Cal., Bishop & Hoffman, Los Angeles, Cal., Melvin H. Siegel, Minneapolis, Minn., Sylvester Hoffmann, Los Angeles, Cal. (Kenneth G. Heisler, William F. McKenna, Mose Silverman, Home Loan Bank Board, Washington, D. C., of counsel), for appellant. Richard Fitzpatrick, Louis W. Myers, Paul Fussell, Pierce Works, Los Angeles, Cal. (O'Melveny & Myers, Bennett W. Priest and John Whyte, Los Angeles, Cal., of counsel), for appellee Federal Home Loan Bank of Los Angeles and certain of its member associations. Westover & Smith, Los Angeles, Cal., for appellee…