Mallonee

200 F.2d 918 MALLONEE et al. v. FAHEY et al. No. . . . , October Term, 1952. United States Court of Appeals Ninth Circuit. Nov. 20, 1952. Charles K. Chapman, Long Beach, Cal., for the petitioner. Donald B. MacGuineas and Acting Solicitor Gen., Robert L. Stern, Washington, D.C., for the Government. DOUGLAS, Circuit Justice. 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 Sec. 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 Sec. 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.…