Mallonee

Mallonee v. Fahey

Good Law
200 F.2d 918·1952 U.S. App. LEXIS 2375
United States Court of Appeals for the Ninth CircuitNovember 20, 19521952California1,095 words

Opinion

Opinion

Douglas, J.

This application arises out of litigation^ which started in 1946 when petitioners filed" suit in the Federal District Court for the Southern District of California, D.C., 68’. F.Supp. 418, against the late John H. Fahey and others for the alleged wrongful seizure of the property of the Long Beach Savings- and Loan Association, pursuant to § 5(d) of' the Home Owners’ Loan Act of 1933, as-amended, 12 U.S.C.A. § 1464 (d). The case was before this Court in Fahey v. Mallonee, 332 U.S. 245 , 67 S.Ct. 1552 , 91 L.Ed. 2030 ,.. in which we held § 5 (d) to be constitutional. And see Ex parte Fahey, 332 U.S. 258 , 67 S.Ct. 1558, 91 L.Ed. 2041 . Following our decision, the District Court, proceeding on the ¡basis of an amended complaint, issued a preliminary injunction against the holding of administrative hearings relating to the conditions giving rise to the seizure. The •Court of Appeals for the Ninth Circuit reversed on the grounds that the District Court lacked jurisdiction of the subject matter. Home Loan Bank Board v. Mal-lonee, 196 F.2d 336 ; Fahey et al. v. O’Mel-veny & Myers, 9 Cir., 200 F.2d 420 .

Petitioners intend to file petitions for writs of certiorari to secure review of…

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