Amer Bnkr Assn v. Natl Crdt Un Admin, No. 00-5195 (D.C. Cir. 2002)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on November 9, 2001.
United States Court of Appeals for the district of columbia circuit
No. 00-5195 September Term, 2001 99cv00042
Filed On: December 28, 2001 [647940] American Bankers Association, Appellant v.
National Credit Union Administration, et al., Appellees
BEFORE: Randolph, Rogers and Tatel, Circuit Judges.
ORDER
It is ORDERED, by the Court on its own motion, that the following revisions shall be made to the opinion decided November 9, 2001, in this case:
At page 3 of the slip opinion, lines 10-11 from the top, replace the words "overruled the Supreme Court, amending," with the word "amended."
At pages 16-17 of the slip opinion, beginning at line 9 of the first full paragraph of section VI, replace the sentence "In support of this proposition . . . than would ordinarily apply, 63 Fed. Reg. at 72,013, 72,037 38," with the following:
In support of this proposition, the ABA cites two provisions of the rule: the criteria for determining whether a community qualifies for a charter, see 63 Fed. Reg. at 72,038, and the new "presumptive community" standard applicable to a recognized political jurisdiction with no more than 300,000 residents, or multiple contiguous political jurisdictions with no more than 200,000 residents, see 63 Fed. Reg. at 72,013, 72,037 38. The ABA contends that the community credit union criteria are substantially unchanged. Compare 63 Fed. Reg. at 72,038 (new rule listing political jurisdictions, major trade areas, shared/common facilities, organizations/clubs, newspapers/other periodicals, maps designating community to be served, common characteristics and background of residents, and other documentation demonstrating common interests or interaction) with 59 Fed. Reg. at 29,077 (former rule listing political jurisdictions, major trade areas, shared/common facilities, organizations/clubs, newspapers/other periodicals, census tracts, common characteristics and background of residents, history of area, and other evidence of what distinguishes chosen area and its residents). The the ABA also points out that an area benefitting from the "presumptive community" standard is subject to less demanding documentation requirements than ordinarily apply to an area seeking a credit union charter. See 63 Fed. Reg. at 72,013, 72,037 38.
At page 17 of the slip opinion, line 12 from the top, replace "we have little difficulty rejecting this argument" with "we have little difficulty rejecting these arguments."
FOR THE COURT: Mark J. Langer, Clerk
BY: Michael C. McGrail Deputy Clerk
No. 00-5195 September Term, 2001 99cv00042
Filed On: December 28, 2001 [647940] American Bankers Association, Appellant v.
National Credit Union Administration, et al., Appellees
BEFORE: Randolph, Rogers and Tatel, Circuit Judges.
ORDER
It is ORDERED, by the Court on its own motion, that the following revisions shall be made to the opinion decided November 9, 2001, in this case:
At page 3 of the slip opinion, lines 10-11 from the top, replace the words "overruled the Supreme Court, amending," with the word "amended."
At pages 16-17 of the slip opinion, beginning at line 9 of the first full paragraph of section VI, replace the sentence "In support of this proposition . . . than would ordinarily apply, 63 Fed. Reg. at 72,013, 72,037 38," with the following:
In support of this proposition, the ABA cites two provisions of the rule: the criteria for determining whether a community qualifies for a charter, see 63 Fed. Reg. at 72,038, and the new "presumptive community" standard applicable to a recognized political jurisdiction with no more than 300,000 residents, or multiple contiguous political jurisdictions with no more than 200,000 residents, see 63 Fed. Reg. at 72,013, 72,037 38. The ABA contends that the community credit union criteria are substantially unchanged. Compare 63 Fed. Reg. at 72,038 (new rule listing political jurisdictions, major trade areas, shared/common facilities, organizations/clubs, newspapers/other periodicals, maps designating community to be served, common characteristics and background of residents, and other documentation demonstrating common interests or interaction) with 59 Fed. Reg. at 29,077 (former rule listing political jurisdictions, major trade areas, shared/common facilities, organizations/clubs, newspapers/other periodicals, census tracts, common characteristics and background of residents, history of area, and other evidence of what distinguishes chosen area and its residents). The the ABA also points out that an area benefitting from the "presumptive community" standard is subject to less demanding documentation requirements than ordinarily apply to an area seeking a credit union charter. See 63 Fed. Reg. at 72,013, 72,037 38.
At page 17 of the slip opinion, line 12 from the top, replace "we have little difficulty rejecting this argument" with "we have little difficulty rejecting these arguments."
FOR THE COURT: Mark J. Langer, Clerk
BY: Michael C. McGrail Deputy Clerk
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