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Atherton v. Federal Deposit Insurance Corporation, As Receiver For City Savings, F. S. B.

Docket No.: 95-928
Argued: November 4, 1996
Decided: January 19, 1997

Topics:

12 U.S.C. 1821, Economic Activity, Nongovernmental Liability, preemption

PartyNames: John W. ATHERTON, Jr., Petitioner, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for City Savings, F.S.B.
Petitioner: Atherton
Respondent: Federal Deposit Insurance Corporation, As Receiver For City Savings, F. S. B.

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Citation: 57 F.3d 1231
Lower Court Decision
Supreme Court Docket

Atherton
v.
Federal Deposit Insurance Corporation, As Receiver For City Savings, F. S. B.
519 U.S. 213 (1997)
Other Citations: 117 S.Ct. 666136 L.Ed.2d 656 (519 U.S. 2
Question:

1) Can states apply standards of negligence that are stricter (more inclusive) than the federal standard of "gross negligence" for employees of federally- chartered banks? 2) Is there a federal common law governing negligence by employees of federally-chartered banks?

Atherton v. Federal Deposit Insurance Corporation, As Receiver For City Savings, F. S. B.
ORAL ARGUMENT

November 04, 1996

Holding: vacated and remanded
Decision: Decision: 9 votes for Federal Deposit Insurance Corporation, As Receiver For City Savings, F. S. B., 0 vote(s) against
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