WASHINGTON-The defendants in a lawsuit brought by the AmericanBankers Association and others have briefed the court on theimproperness of allowing for discovery in essentially what is anappellate case. According to the brief filed by NCUA, CUNA, NAFCU,the Utah League of Credit Unions, and three Utah credit unions, itis not appropriate for the ABA to request discovery-essentially atrial procedure-in an appellate case. According to the brief,quoting the Tenth Circuit Court, “Reviews of agency action in thedistrict courts must be processed as appeals.” Judge Dale Kimball,who is presiding over the case. has even relied on this decision(Olenhouse v. Commodity Credit Corporation) to support one of hisown in the past (Southern Utah Wilderness Alliance v. Dabney).Therefore, “NCUA should present the administrative record for itsactions approving the applications of the three Credit Unions. Theparties thereafter should file briefs on the merits.Then a finalhearing should be set as soon thereafter as the Court's ownschedule permits,” the brief for the credit union organizationssuggested.

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