812 F2d 1401 John Hanson Savings Loan Inc v. State of Maryland

812 F.2d 1401
Unpublished Disposition

JOHN HANSON SAVINGS & LOAN, INC., Plaintiff-Appellant,
and
Second National Building & Loan, Inc., Plaintiff,
v.
STATE OF MARYLAND; State of Maryland Deposit Insurance Fund
Corporation, Defendant-Appellees,
SECOND NATIONAL BUILDING & LOAN, INC., Plaintiff-Appellant,
and
John Hanson Savings & Loan, Inc., Plaintiff,
v.
STATE OF MARYLAND; State of Maryland Deposit Insurance Fund
Corporation, Defendant-Appellees.

Nos. 86-3607(L), 86-3608.

United States Court of Appeals, Fourth Circuit.

Argued Feb. 5, 1987.
Decided Feb. 24, 1987.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

Jack L. Harvey (Edward S. Digges, Jr.; Digges, Wharton & Levin, on brief); Carlton M. Green (Richard C. Daniels; Green, Loboudger & Daniels, on brief), for appellants.

Dennis Michael Sweeney, Deputy Attorney General (Stephen H. Sachs, Attorney General of Maryland; Robert A. Zarnoc; Kathryn M. Rowe; Andrew H. Baida, Assistant Attorneys General, on brief), for appellees.

PER CURIAM:

1

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.

2

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.

3

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).

4

AFFIRMED.

*

At its inception the suit sought recovery of contributions to both the so-called Central Reserve Fund and the Insurance Fund. Contributions to the Central Reserve Fund have now been refunded, and this aspect of the litigation is moot