[Download] "Deering v. Brown" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Deering v. Brown
• Author : United States Court of Appeals for the Ninth Circuit
• Release Date : January 04, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This action arises out of a loan transaction that was consummated between the several appellees, allegedly to the ultimate detriment of the appellant, Sundance Land Company ("Sundance"). Sundance seeks monetary damages and injunctive relief based upon appellees alleged violations of the 1982 Amendments to the Home Owners Loan Act of 1933 (HOLA), 12 U.S.C. § 1461 et seq., the federal common law and Washington State doctrines of quo warranto, and the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq. Several other pendent state law claims are also pleaded. The district court granted defendants Motion to Dismiss all causes of action pursuant to Rule 12(b)(6), Fed. R. Civ. P. We now reverse that holding, and conclude that appellant alleges facts sufficient to state a claim for injunctive relief under the Home Owners Loan Act, but not for damages under that Act, or under RICO. We also hold that relief based on the doctrine of quo warranto is inappropriate. The remaining pendent claims are remanded for further consideration in light of our holding on the HOLA injunctive relief claim.

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