Opinion

Michigan Savings & Loan League v. Francis

  • 683 F.2d 957
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 8, 1982
Status
Published
Author
Edwards
On the bench
Edwards, Engel, Keith
Cited by
16 cases
Authority
More cited than 19.2%

Distinguished

  • Distinguished by Michigan United Food & Commercial Workers Unions v. Baerwaldt, 572 F. Supp. 943 (1983)

    Francis is distinguishable from the instant case.
    District Court, E.D. MichiganJun 16, 1983Read it

The opinion

GEORGE CLIFTON EDWARDS, Jr., Chief Judge,

dissenting.

But for the summary affirmance by the United States Supreme Court of Conference of Federal Savings and Loan Associations v. Stein, 604 F.2d 1256 (9th Cir. 1979), *963 aff’d mem., 445 U.S. 921 , 100 S.Ct. 1304 , 65 L.Ed.2d 754 (1980), I would agree with Judge Keith’s opinion for the court. There is much logic and Supreme Court and Court of Appeals precedent to support it.

In Stein, however, the Ninth Circuit approved the exercise of jurisdiction by the District Court in a case quite similar to our instant appeal. I read the Ninth Circuit’s opinion as affirmed by the Supreme Court as requiring us to vacate the District Judge’s dismissal of plaintiffs’ complaint for lack of federal question jurisdiction and remand for his consideration of whether Michigan’s efforts to enforce its anti-redlining statutes are precluded by federal preemption — a question the Stein court specifically reserved.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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