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SAXON v. GEORGIA ASS'N OF INDEPENDENT INS. AGENTS, INC.

Nos. 25050, 25060.

399 F.2d 1010 (1968)

James J. SAXON (Succeeded in Office by William B. Camp on February 1, 1967), Comptroller of the Currency of the United States of America, Appellant, v. GEORGIA ASSOCIATION OF INDEPENDENT INSURANCE AGENTS, INC., et al., Appellees. The CITIZENS AND SOUTHERN NATIONAL BANK, Appellant, v. GEORGIA ASSOCIATION OF INDEPENDENT INSURANCE AGENTS, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 28, 1968.

Attorney(s) appearing for the Case

Charles L. Goodson, U. S. Atty., Slaton Clemmons, Edwin L. Weisl, Jr., Asst. Attys. Gen., Atlanta, Ga., Alan S. Rosenthal, Leonard Schaitman, Attys., Dept. of Justice, Washington, D. C., for appellant Saxon.

Henry J. Miller, John K. Train, III, Atlanta, Ga., for appellant Citizens & Southern Nat. Bank.

E. Smythe Gambrell, Charles A. Moye, Jr., James H. Bratton, Jr., Edward W. Killorin, Gambrell, Russell, Moye & Killorin, Theodore M. Forbes, Jr., J. Arthur Mozley, Atlanta, Ga., for appellees.

Before GEWIN and THORNBERRY, Circuit Judges, and ELLIOTT, District Judge.

Rehearing Denied En Banc in No. 25060 October 28, 1968.

ELLIOTT, District Judge:

These two actions1 were brought by Appellees (Plaintiffs below) to have declared unlawful Appellant Comptroller's 1963 Ruling No. 7110 and to enjoin Appellant Citizens and Southern National Bank's insurance agent and agency activities in Georgia cities of over 5,000 population. The individual Appellees are duly licensed independent Georgia insurance...

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