When such preemption occurs, any state law is inapplicable to an issue which arises in that "field." Meyers v. Beverly Hills Federal Savings and Loan Ass'n, 499 F.2d 1145, 1146 (9th Cir. 1974). The Supreme Court has indicated that when a State's exercise of its police power is challenged under the Supremacy Clause, "we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress."

Cf. Reich v. Webb, 336 F.2d 153 (9th Cir. 1964), Cert. denied, 380 U.S. 915, 85 S.Ct. 890, 13 L.Ed.2d 800 (1965) (depositors represented by Board); City Fed. Sav. & Loan Ass'n v. Crowley, 393 F.Supp. 644 (E.D.Wis.1975) (Association representing members). See Gibson v. First Fed. Sav. & Loan Ass'n, 347 F.Supp. 560 (E.D.Mich.1972) and 364 F.Supp. 614 (E.D.Mich.1973), Aff'd, 504 F.2d 826 (6th Cir. 1974); Meyers v. Beverly Hills Fed. Sav. & Loan Ass'n, 499 F.2d 1145 (9th Cir. 1974); Milberg v. Lawrence Cedarhurst Fed. Sav. & Loan Ass'n, 496 F.2d 523 (2d Cir. 1974).          However, the decision in Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975), has cast doubt on the authority of those cases since it has been interpreted as establishing a more restrictive method of determining whether implication of a private cause is appropriate.

On the other hand, some circuits have taken a broader view of federal question jurisdiction, namely that "[e]ven though the claim is created by state law, a case may 'arise under' a law of the United States if the complaint discloses a need for determining the meaning or application of such a law," T.B. Harms Co. v. Eliscu, 339 F.2d 823, 827 (2d Cir. 1964) (Friendly, J.), citing Smith v. Kansas City Title Trust Co., 255 U.S. 180, 41 S.Ct. 243, 65 L.Ed. 577 (1921); accord, Lindy v. Lynn, 501 F.2d 1367, 1369 (3d Cir. 1974). And in the situation here presented, a number of courts have ruled that if federal law preempts the state law on which an action is purportedly based, the action may be removed to federal court. E.g., Rettig v. Arlington Heights Federal Savings Loan Association, 405 F. Supp. 819, 822-23 (N.D.Ill. 1975); see Meyers v. Beverly Hills Federal Savings Loan Association, 499 F.2d 1145 (9th Cir. 1974); North Davis Bank v. First National Bank, 457 F.2d 820 (10th Cir. 1972). It is clear from the foregoing that the removal issue is not easy.

8. The Congress of the United States in HOLA granted to the Bank Board plenary powers to provide, under such rules and regulations as the Bank Board may prescribe, for the organization, incorporation, operation, examination, and regulation of the plaintiff Federal associations and the Congress directed the Bank Board to give primary consideration to the best practices of local mutual thrift and home financing institutions in the United States. 12 U.S.C. § 1464 (a). Meyers v. Beverly Hills Savings and Loan Association, 499 F.2d 1145 (9th Cir. 1974). 9.

Pursuant to its statutory mandate, the Board has promulgated comprehensive regulations governing "the powers and operations of every federal savings and loan association 'from its cradle to its corporate grave'." Kupiec v. Republic Federal Savings Loan Ass'n, 512 F.2d 147, 150 (7th Cir. 1975), citing Meyers v. Beverly Hills Federal Savings Loan Ass'n, 499 F.2d 1145, 1147 (9th Cir. 1974). Pursuant to its statutory authority, the Board on May 14, 1975, effective June 16, 1975, issued the previously-mentioned regulation governing interest payment on escrow accounts by all federal savings and loan associations, 12 C.F.R. § 545.6-11.

In the Ninth Circuit several cases presenting a question of preemption by the Home Owners' Loan Act of 1933 have been removed to federal court. In Meyers v. Beverly Hills Federal Savings & Loan Ass'n, 499 F.2d 1145 (9th Cir. 1974), the state law of prepayment penalties was found to be preempted by federal regulations under the HOLA. The applicability of this case

The prepayment penalty for a loan secured by a home which is occupied or to be occupied in whole or in part by a borrower shall not be more than 6 months' advance interest on that part of the aggregate amount of all prepayments made on such loan in any 12-month period which exceeds 20 percent of the original principal amount of the loan." (See Meyers v. Beverly Hills Federal Savings and Loan Ass'n. (9th Cir. 1974) 499 F.2d 1145, 1147; Goldman v. First Federal Sav. L. Ass'n. of Wilmette (7th Cir. 1975) 518 F.2d 1247, 1248, fn. 1; Toolan v. Trevose Federal Sav. Loan Ass'n. (1983) 501 Pa. 477 [ 462 A.2d 224, 226, fn. 8].) The current regulation of prepayment penalties is 12 Code of Federal Regulations section 545.35(c), which also authorizes such a penalty "as provided in the loan contract."

In addition, at least three Federal Courts of Appeals, several District Courts, and one State Supreme Court have ruled that various other Board regulations supersede state law. See, e. g., Conference of Federal Sav. Loan Assns. v. Stein, 604 F.2d 1256, 1260 (CA9 1979) ("In our judgment the regulatory control of the Bank Board over federal savings and loan associations is so pervasive as to leave no room for state regulatory control"), summarily aff'd, 445 U.S. 921 (1980); First Federal Sav. Loan Assn. v. Greenwald, 591 F.2d 417, 425-426 (CA1 1979) (Board regulation specifying the conditions under which federal savings and loans must pay interest on escrow accounts pre-empts state law imposing greater interest requirements); Kupiec v. Republic Federal Sav. Loan Assn., 512 F.2d 147, 150-152 (CA7 1975) (Board regulation supersedes any common-law right to inspect savings and loan's membership list); Meyers v. Beverly Hills Federal Sav. Loan Assn., 499 F.2d 1145, 1147 (CA9 1974) (Board regulation pre-empts the field of prepayments of real estate loans to federal associations); Rettig v. Arlington Heights Federal Sav. Loan Assn., 405 F. Supp. 819 (ND Ill. 1975) (Board regulations and policy statements pre-empt the field of fiduciary duties of federal savings and loan officers); Lyons Sav. Loan Assn. v. Federal Home Loan Bank Bd., 377 F. Supp. 11 (ND Ill. 1974) (Board regulation displaces state law regarding branching of federal savings and loans); People v. Coast Federal Sav. Loan Assn., 98 F. Supp. 311, 318 (SD Cal. 1951) (federal regulation of savings and loans pre-empts the field); Kaski v. First Federal Sav. Loan Assn., 72 Wis.2d 132, 141-142, 240 N.W.2d 367, 373 (1976) (federal law supersedes state regulation of federal savings and loans' lending practices). But see Derenco, Inc. v. Benjamin Franklin Federal Sav. Loan Assn., 281 Or. 533, 577 P.2d 477 (Board regulation authorizing federal savings and loans to maintain reserve accounts for tax and insu

These principles indicate that the district court lacked jurisdiction. Pacific maintains that jurisdiction is proper under Meyers v. Beverly Hills Federal Savings Loan Ass'n, 499 F.2d 1145 (9th Cir. 1974). In Meyers, the plaintiffs sought to have declared invalid under California law prepayment penalties that were imposed by federal savings and loan associations.

At the outset we mention, but pass by, the possibility that the Federal government, through appropriate actions of Congress and the proper administrative agency or agencies, has fully preempted, pursuant to the Supremacy Clause, Art. VI, Clause 2 of the United States Constitution, any state regulation of due-on-sale clauses in the loan instruments of federal associations. Glendale Federal Savings and Loan Association v. Fox, 459 F. Supp. 903 (C.D.Cal. 1978), partial summary judgment made final, 481 F. Supp. 616 (C.D.Cal. 1979); see also Meyers v. Beverly Hills Federal Savings and Loan Association, 499 F.2d 1145 (9th Cir. 1974); First Federal Savings and Loan Association of Boston v. Greenwald, 591 F.2d 417 (1st Cir. 1979); Conference of Federal Savings and Loan Associations v. Stein, 604 F.2d 1256 (9th Cir. 1979), aff'd mem., 445 U.S. 921, 100 S.Ct. 1304, 63 L.Ed.2d 754 (1980). The Court in Glendale held that federal law, and specifically the FHLBB's authorization, through 12 C.F.R. § 545.6-11(f), of due-on-sale clauses, exclusively governed.