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Landry v. Federal Deposit Insurance Corporation

204 F.3d 1125 (2000)

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Landry v. Federal Deposit Insurance Corporation

United States Court of Appeals for the District of Columbia Circuit

204 F.3d 1125 (2000)

Facts

Michael Landry (plaintiff) was the senior vice president, chief financial officer, and cashier of First Guaranty Bank in Hammond, Louisiana. The Federal Deposit Insurance Corporation (FDIC) (defendant) notified Landry that the FDIC intended to seek an order removing Landry from his positions at his bank and preventing Landry from participating in the operations of any FDIC member bank in the future. Landry’s case was assigned to a FDIC administrative law judge (ALJ), who could recommend but not personally make factual determinations, legal conclusions, and final decisions for the FDIC. The ALJ held a hearing and recommended that the FDIC issue the order against Landry. Landry disputed the ALJ’s conclusion, and his case was forwarded to the FDIC’s Board of Directors (Board) for a final decision. The Board agreed with the ALJ’s recommendation and issued the order against Landry. Landry petitioned the United States Court of Appeals for the District of Columbia Circuit for review, arguing that the FDIC’s appointment of its ALJs violated the Appointments Clause of Article II of the Constitution.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

Concurrence (Randolph, J.)

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