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OCR: declined to enforce constitutional tort remedies where there are special factors counselling hesitation + the abscure affirmative action by Congress where Congress has provided an alternative remedy explicitiy declared to be substitute recovery under the Consti tution and viewed being equally effective Bivens supra. 403 396-397: Carison Green supra (citations omitted) The authorization an action directly against FSLIC implicates special factors ou inselling hesitation and Congress has not created ar equally effective substitute remedy FDIC suggests three speciai factors counselling hesi- tation (FDIC Br 25 -29) but none these three, or any other factors, require Court stay its hand his matter FDIC argues that a special factor counselling hes- itation results from the potential impact on th ...