Southwestern Growth Enterprises Defined Pension Benefit Trust v. National Credit Union Administration

Good Law
8 F.3d 30·1993 WL 394922·1993 U.S. App. LEXIS 35375
United States Court of Appeals for the Ninth CircuitOctober 6, 199392-70044California586 words

Opinion

Opinion

8 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SOUTHWESTERN GROWTH ENTERPRISES DEFINED PENSION BENEFIT TRUST, Petitioner, v. NATIONAL CREDIT UNION ADMINISTRATION, Respondent. No. 92-70044. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 13, 1993. Decided Oct. 6, 1993. Before: POOLE and FERNANDEZ, Circuit Judges, and KELLEHER, * District Judge. MEMORANDUM ** Petitioner Southwestern Growth Enterprises Defined Pension Benefit Trust seeks to recover $42,800 held in a share certificate in a federally insured failed credit union. The National Credit Union Administration (hereinafter "NCUA") denied Petitioner's claim. We affirm. DISCUSSION The National Credit Union Administration is a creature of the Federal Credit Union Act, 12 U.S.C. §§ 1751 -1795k. Under the Act member accounts are insured up to $100,000.00. 12 U.S.C. § 1787 (k). The NCUA, "in its discretion, may require proof of claims to be filed and may approve or reject…

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