University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Conference of Federal Savings and Loans Ass'ns v. Stein FH-CA-0004
Docket / Court Unknown ( E.D. Cal. )
State/Territory California
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
In 1978, Plaintiff-Associations filed a declaratory suit in the U.S. District Court for the Eastern District of California requesting the court to find that California's Housing Financial Discrimination Act was pre-empted by federal regulation. The California Act required Savings & Loans to post ... read more >
In 1978, Plaintiff-Associations filed a declaratory suit in the U.S. District Court for the Eastern District of California requesting the court to find that California's Housing Financial Discrimination Act was pre-empted by federal regulation. The California Act required Savings & Loans to post notices explaining fair lending rights under state law. Plaintiff-Associations had refused to comply with the Act's notice requirements, and state courts had held the Plaintiffs liable for statutory damages for non-compliance. People v. West Coast Federal Savings and Loan Ass'n, No. 220012 (Cal. Super. Ct. Feb. 28, 1978).

U.S. District Court Judge Philip C. Wilkins granted Plaintiffs' requested declaratory relief and held that federal law pre-empted state law. On September 26, 1979, the Ninth Circuit affirmed Judge Wilkins's ruling, holding that the "broad regulatory authority over the federal associations conferred upon the Bank Board by HOLA does wholly pre-empt the field of regulatory control over these associations." Conf. of Fed. Sav. and Loan Ass'ns v. Stein, 604 F.2d 1256, 1260 (9th Cir. 1979). The United States Supreme Court affirmed without an opinion. Stein v. Conference of Federal Savings and Loan Associations, 445 U.S. 921 (1980).

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action None on record
Defendant(s) Business and Transportation Agency of California
Secretary of the Business and Transportation Agency
Plaintiff Description Several California-based federal savings and loans associations who feared that California state law was preempting the federal Home Owners' Loan Act by giving regulatory control to the state.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1978 - n/a
Case Closing Year n/a
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
[Opinion] 09/26/1979 (604 F.2d 1256)
FH-CA-0004-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Decision Affirming Judgment of 9th Cir.] 03/17/1980 (445 U.S. 921)
FH-CA-0004-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Hug, Procter Ralph Jr. (Ninth Circuit)
FH-CA-0004-0001
Merrill, Charles Merton (Ninth Circuit)
FH-CA-0004-0001
Port, Edmund (N.D.N.Y.)
FH-CA-0004-0001
Monitors/Masters None on record
Plaintiff's Lawyers Fraser, G. Howden (California)
FH-CA-0004-0001
Kelly, Terry O. (California)
FH-CA-0004-0001
McKennan, William (Pennsylvania)
FH-CA-0004-0001
Peck, Aaron M. (California)
FH-CA-0004-0001
Defendant's Lawyers DeGoede, Arthur C. (California)
FH-CA-0004-0001
Deukmejian, George (California)
FH-CA-0004-0001
Jones, Anse P. (California)
FH-CA-0004-0001
Kurtz, W. Gary (California)
FH-CA-0004-0001
Mosk, Richard M. (California)
FH-CA-0004-0001
O'Heron, Joseph H. (California)
FH-CA-0004-0001
Shore, Harold B. (District of Columbia)
FH-CA-0004-0001
Simon, Harvey (District of Columbia)
FH-CA-0004-0001
Toll, Steven J. (District of Columbia)
FH-CA-0004-0001
Other Lawyers Greenberg, Jack (New York)
FH-CA-0004-0001
Lief, Beth J. (New York)
FH-CA-0004-0001

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