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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

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

1Opinion in Atherton v. Federal Deposit Insurance Corporation, As Receiver For City Savings, F. S. B.
2Opinion in Atherton v. Federal Deposit Insurance Corporation, As Receiver For City Savings, F. S. B.
Additional documents for this case are pending review.