Filed Date: Oct. 2, 1978
Closed Date: July 8, 1982
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Plaintiffs, several Michigan savings and loan associations and an industry trade group, filed suit in the U.S. District Court for the Eastern District of Michigan against the Commissioner of the Michigan bank regulatory agency and the federal Home Loan Bank Board (HLBB). Plaintiffs sought declaratory relief that they are exempt from regulation under Michigan's anti-redlining state statute. The HLBB cross-claimed against the Commissioner, seeking a declaration from the court that federal law preempted state regulation of redlining. The Commissioner cross-claimed against the HLBB, seeking a declaration that the state statute was not preempted and seeking an injunction against the HLBB advising financial institutions that state anti-redlining statutes were preempted by federal law.
On May 8, 1980, U.S. District Court Judge DeMascio dismissed the complaint and the cross-claims, finding that the court lacked subject matter jurisdiction over the suits. Michigan Sav. & Loan League v. Francis, 490 F. Supp. 892 (E.D. Mich. 1982). Judge DeMascio found that [t]here is no controversy over the applicability of the federal regulations. Federal law arises in this case only as a preemption defense raised by the plaintiffs to the enforcement of the Act, which is the real controversy. The Sixth Circuit affirmed the District Court's dismissal on July 8, 1982. Michigan Sav. & Loan League v. Francis, 683 F.2d 957 (6th Cir. 1982) .
Summary Authors
Andrew Nash (6/2/2008)
DeMascio, Robert Edward (Michigan)
Edwards, George Clifton Jr. (Michigan)
Engel, Albert Joseph (Michigan)
Fechheimer, Fred J. (Michigan)
Gunther, John E. (District of Columbia)
DeMascio, Robert Edward (Michigan)
Edwards, George Clifton Jr. (Michigan)
Engel, Albert Joseph (Michigan)
Keith, Damon Jerome (Michigan)
Last updated March 26, 2024, 3:02 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Michigan
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: Oct. 2, 1978
Closing Date: July 8, 1982
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Group of federally chartered savings and loan associations who were fined due to the implementation of a Michigan State Law prohibiting 'redlining'.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Home Loan Bank Board (HLBB), Federal
Michigan Financial Institutions Bureau, State
Case Details
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-area: