John Hanson Savings & Loan, Inc., Plaintiff-appellant,andsecond National Building & Loan, Inc., Plaintiff, v. State of Maryland; State of Maryland Deposit Insurance Fundcorporation, Defendant-appellees,second National Building & Loan, Inc., Plaintiff-appellant,andjohn Hanson Savings & Loan, Inc., Plaintiff, v. State of Maryland; State of Maryland Deposit Insurance Fundcorporation, Defendant-appellees, 812 F.2d 1401 (4th Cir. 1987)

John Hanson Savings and Loan, Inc. (Hanson) and Second National Building and Loan, Inc. (Second) sued the State of Maryland and State of Maryland Deposit Insurance Fund Corporation (MDIFC) to compel them to pay to Hanson and Second monies which MDIFC possessed as the successor of Maryland Savings Share Insurance Corporation (MSSIC), an insurer of the savings accounts of members of state-chartered savings and loan associations, to which Hanson and Second had contributed the amounts sought to be returned.^*  The district court ruled that suit was barred by the Eleventh Amendment. Hanson and Second appeal, and we affirm.

The district court carefully considered the facts and the law as to whether the suit was barred by the Eleventh Amendment on the grounds that the state itself was a defendant and MDIFC was properly deemed an agency of the state, and whether the state had consented to be sued in federal court. We think the district court correctly decided that the Eleventh Amendment bars any action, whether legal or equitable, against the state of Maryland absent its consent. Hans v. Louisiana, 134 U.S. 1 (1890); Ex Parte Young, 298 U.S. 123 (1908). It also correctly decided that MDIFC is a state agency and that Maryland had not consented to suit against MDIFC in a federal court.

We therefore affirm for the reasons set forth in the district court's memorandum and order. Second National Building & Loan, Inc. v. State of Maryland, et al; John Hanson Savings & Loan, Inc. v. State of Maryland, et al., Civ. Nos. R-86-934 and R-86-985, D. Md. (August 1, 1986) (unreported).

AFFIRMED.