and FRB-Midland in particular not to include trust departments as assets on their financial statements is not determinative of the status of fiduciary positions. Indeed, an interpretation of “asset” that encompasses a bank’s fiduciary appointments is consistent with the accounting principles mentioned above, in that the fiduciary positions generate substantial amounts of income for the bank each year and other banking institutions may not gain access to that source of income without resort to legal proceedings. Third, federal courts have in a related context approved regulatory authorities' transfers of rights held by failed banking institutions that would not have been transferrable under state law. See Federal Deposit Ins. Corp. v. Main Hurdman, 655 F.Supp. 259, 267-68 (E.D.Cal.1987) (<HOLDING>); Federal Deposit Ins. Corp. v. Abraham, 439
holding that a denial of transfer was not an adverse employment action where the plaintiff asserted only that the transfer would allow him to work closer to home holding transfer restriction granted right of first refusal in event of voluntary or involuntary transfer of stock holding that if an individual is possessed of state authority and purports to act under that authority his action is state action holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court holding authority to transfer every asset of failed bank includes authority to transfer choses in action not assignable under state law