Case: Michigan Savings and Loan League v. Francis

2:78-cv-02527 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 2, 1978

Closed Date: July 8, 1982

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Case Summary

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 pre…

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)

People


Judge(s)

DeMascio, Robert Edward (Michigan)

Edwards, George Clifton Jr. (Michigan)

Engel, Albert Joseph (Michigan)

Attorney for Plaintiff

Fechheimer, Fred J. (Michigan)

Attorney for Defendant

Gunther, John E. (District of Columbia)

Judge(s)

DeMascio, Robert Edward (Michigan)

Edwards, George Clifton Jr. (Michigan)

Engel, Albert Joseph (Michigan)

Keith, Damon Jerome (Michigan)

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Documents in the Clearinghouse

Document

80-cv-872527

Memorandum Opinion

May 8, 1980

May 8, 1980

Order/Opinion

490 F.Supp. 490

80-01393

80-01452

[Order re:] Rehearing and Rehearing in Banc

Michigan Savings and Loan League v. Francis v. Federal Home Loan Bank Board

U.S. Court of Appeals for the Sixth Circuit

July 8, 1982

July 8, 1982

Order/Opinion

683 F.2d 683

80-01393

Opinion

U.S. Court of Appeals for the Sixth Circuit

Oct. 4, 1982

Oct. 4, 1982

Order/Opinion

1982 U.S.App.LEXIS 1982

Docket

Last updated March 26, 2024, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

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):

Private Plaintiff

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:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Funding

Discrimination-area:

Lending