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During 2005, the Board of Governors was a party in three lawsuits or appeals filed that year and was a party in ten other cases pending from previous years, for a total of thirteen cases; in 2004, the Board had been a party in a total of seventeen cases. None of the lawsuits or appeals filed in 2005 raised questions under the Bank Holding Company Act. As of December 31, 2005, five cases were pending.

Litigation under the Financial Institutions Supervisory Act

Bazy v. Board of Governors, No. 05-1320 (D.C. Circuit, filed August 12, 2005), was a petition for review of an interlocutory order in an administrative enforcement proceeding. On August 24, 2005, the court dismissed the case on the motion of the petitioner.

Board of Governors v. Thomas, et al., No. 1:04-CV-0777 (N.D. Georgia, filed March 19, 2004), was an injunctive action in which, in 2004, the court ordered eighteen individuals to deposit funds into the court's registry to satisfy civil money penalties the Board was seeking against them in a separate administrative enforcement proceeding. On July 13, 2005, the court granted the Board's motion to dismiss the preliminary injunction issued on the Board's behalf so that the deposited funds could instead be transferred to the United States Bankruptcy Court, Middle District of Florida, Tampa Division, which had issued judgments against the same eighteen defendants in an adversary proceeding brought by the court-appointed trustee.

Ulrich v. Board of Governors, No. 03-73854 (9th Circuit, filed October 24, 2003), and Diehl McCarthy v. Board of Governors, No. 03-73997 (9th Circuit, filed October 28, 2003), were petitions for review of orders of prohibition issued by the Board on October 15, 2003. On April 27, 2005, the court denied the petitions for review. 129 Fed. App'x. 386 (9th Cir. 2005).

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Other Actions

Inner City Press/Community on the Move v. Board of Governors, No. 05-6162 (2nd Circuit, filed November 21, 2005), is an appeal of the district court's order (No. 04-CV-8337, 380 F. Supp. 2d 211 (S.D.N.Y. 2005)) granting in part and denying in part the Board's motion for summary judgment in a Freedom of Information Act case. On December 5, 2005, the Board filed a cross-appeal in the matter.

Price v. Greenspan, No. 05-5361 (D.C. Circuit, filed September 29, 2005), is an appeal of an order of the district court (No. 04-CV-0973, 374 F. Supp. 2d 17 (D.D.C. 2005)) dismissing an employment discrimination action.

Barnes v. Greenspan, No. 04-CV-1989 (CKK) (D. District of Columbia, filed November 15, 2004), is a case under the Age Discrimination in Employment Act.

Fakolujo v. Federal Reserve System, et al., No. 05-304 (E.D. Pennsylvania, filed October 15, 2004, in the Court of Common Pleas, Philadelphia County, Pa., and removed to federal court on January 21, 2005), was an action for wrongful denial of insurance claim. The action was dismissed by agreement of the parties on April 15, 2005.

Jones v. Greenspan, No. 04-CV-1696 (RMU) (D. District of Columbia, filed October 4, 2004), is an employment discrimination action. On December 13, 2005, the district court granted in part and denied in part the Board's motion to dismiss and for summary judgment.

Texas State Bank v. United States, No. 04-5126 (Federal Circuit, filed July 28, 2004), was an appeal from a decision of the United States Court of Federal Claims dismissing an action challenging on constitutional grounds the failure to pay interest on reserve accounts held at Federal Reserve Banks. On September 21, 2005, the court affirmed the lower court's dismissal of the action. 423 F.3d 1370 (Fed. Cir. 2005). The petitioner's request for rehearing and rehearing en banc was denied on December 13, 2005.

Sciba v. Board of Governors, No. 04-CV-1011 (D. District of Columbia, filed June 21, 2004), was a case brought under the Freedom of Information Act. On September 30, 2005, the court granted the Board's motion for summary judgment.

Artis v. Greenspan, No. 01-0400 (D. District of Columbia, filed February 22, 2001), is an employment discrimination action. An identical action, No. 99-2073 (EGS) (D. District of Columbia, filed August 3, 1999), was consolidated with this action on August 15, 2001.

Fraternal Order of Police v. Board of Governors, No. 98-3116 (D. District of Columbia, filed December 22, 1998), was an action seeking a declaratory judgment regarding the Board's labor policy governing Federal Reserve Banks. On July 28, 2005, the district court granted the Board's motion for summary judgment and dismissed the action. 391 F. Supp. 2d 1 (D.D.C. 2005).

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