- 18.

considerations such as the March 10, 1994 letter from another Mamber of Congress:

and

(d) Defendants' refusals to provide the requested documents are

contrary to law because they are based on an erroneous interpretation of FOIA.

5 U.S.C. § 552(d).

41.

Accordingly, Plaintiff requests a declaration pursuant to the Administrative Procedure Act. 5 U.8.C. § 706, that Defendants' withholding of the requested documents is arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law, and an order directing that Defendants immediately produce the requested documents.

COUNT IN

VIOLATION OF DEFENDANTS'

DISCLOSURE OBLIGATIONS PURSUANT TO FIRREA

42. Plaintiff incorporates herein by reference paragraphs 1 through 41

above as if fully set forth herein.

43. At least sami-annually, the Federal Home Loan Bank Act, as amended by FIRREA, requires the Committee to hold oversight hearings concerning Defendant RTC. A proper subject of those hearings is Defendants' investigation, treatment, and plans for Madison Guaranty. Upon information and belief, the requested documents are critical to the fulfillment of the Committee's oversight function.

44. House Resolution No. 394 authorizes a general congressional Investigation into Madison Guaranty and reaffirms the statutory mandate for the

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oversight hearing. The House leadership has stated that the hearings will take place.

Upon information and belief, the requested documents are critical to the prompt and

effective completion of this investigation.

45.

Defendants' refusals to provide information to Plaintiff concerning

Madison Guaranty are arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with their obligations under the Federal Home Loan Bank Act, as amended by FIRREA, in one or more of the following respects:

(a)

Defendants' refusals are contrary to established policy of the Executive Branch as stated in President Reagan's November 4, 1982 Memorandum for the Heads of Executive Departments and Agencies, as reaffirmed by the present Administration, as well as the established practice among Executive Branch agencies of providing documents to Congress without the necessity for formal congressional action or subpoena;

(b)

Defendants' refusals to produce the requested documents to

Plaintiff constitute an arbitrary and capricious deviation from their settled custom and

practice of honoring requests for documents regarding falled savings and loan

institutions by the Ranking Minority Member of the Committee;

(c)

Defendants' refusals to provide the requested documents to

Plaintiff are arbitrary and capricious because they allowed their decisions regarding

release of those documents to be unduly influenced or dictated by improper

considerations such as the March 10, 1994 letter from another Member of Congress;

and

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(d) Defendants' refusals to provide the requested documents are

contrary to law because they are based on an erroneous interpretation of FOIA.

5 U S.C. § 552(d).

48.

Accordingly, Plaintiff requests a declaration that Defendants have violated their obligations to provide information to Plaintiff pursuant to the oversight provisions of the Federal Home Loan Bank Act, as amended by FIRREA, and an order directing them to produce the requested documents.

47.

PRAYER FOR RELINE

WHEREFORE, Plaintiff James A. Leach, in his capacity as

Ranking Minority Member of the House Committee on Banking, Finance and Urban Affairs respectfully demands judgment in his favor and against each of the abovenamed Defendants as follows:

(a)

Declaring that each Defendant has violated the Freedam of

Information Act, the Administrative Procedure Act, and the Federal Home Loan Bank Act, se amended by the Financial institutions Reform, Recovery, and Enforcement Act of 1980;

(a)

Directing sach Defendant to produce all documents in its

possession, custody, or control pertaining to Madison Guaranty Savings & Loan Association of Little Rock, Arkansas;

(e) Awarding Plaintiff his costs and reasonable attorneys' fees of

pursuing this action: and

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(d) Awarding Plaintiff such other and further relief as this Court

deems equitable, just, and proper.

Respectfully submitted.

Ruy Bumpis

Bobby R. Burchfield

(D.C. Bar No. 289124)
Jackson R. Sharman III
(D.C. Bar No. 428799)
Covington & Burling

1201 Pennsylvania Avenue, N.W.
P.O. Box 7586

Washington, D.C. 20044

Attorneys for the Plaintiff

DATED: May 11, 1994

EMERGENCY MOTION FOR EXPEDITED BRIEFING SCHEDULE
TO RESOLVE SUMMARY JUDGMENT MOTION

Plaintiff James A. Leach, in his capacity as the Ranking Minority

Member of the Committee on Banking, Finance and Urban Affairs of the United States House of Representatives ("the Committee"), hereby moves for entry of an expedited schedule for briefing his motion for summary judgment. Plaintiff's

complaint is being filed simultaneously with this motion.

As set forth in more detail in the Complaint, Defendants Resolution Trust Corporation ("RTC") and the Office of Thrift Supervision ("OTS") are within the oversight responsibilities imposed upon Plaintiff and the Committee by the United States Constitution, statute, and the Rules of the United States House of

Representatives. For over six months, Plaintiff has sought documents pertaining to