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INDEPENDENT BANKERS ASS'N OF AMERICA v. SMITH

No. 75-1786.

534 F.2d 921 (1976)

INDEPENDENT BANKERS ASSOCIATION OF AMERICA, a corporation, et al., Appellees, v. James E. SMITH, Comptroller of the Currency of the United States, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 23, 1976.

Attorney(s) appearing for the Case

Michael Kimmel, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Ronald R. Glancz, Atty., Dept. of Justice, and C. Westbrook Murphy, Atty., Washington, D. C., were on the brief, for appellant. Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellant.

Meyer Eisenberg, Washington, D. C., with whom Horace R. Hansen, St. Paul, Minn., and Leonard J. Rubin, Washington, D. C., was on the brief, for appellees.

William J. Brown, Atty. Gen. of the State of Ohio, Columbus, Ohio, filed a brief on behalf of the State of Ohio ex rel. F. Scott O'Donnell, Superintendent of Banks as amicus curiae urging affirmance.

James F. Bell and Peter B. Work, Washington, D. C., filed a brief on behalf of the Conference of State Bank Supervisors as amicus curiae.

A brief was filed on behalf of the State of Oklahoma as amicus curiae urging affirmance.

Before WRIGHT, LEVENTHAL and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:*

This is an appeal by the Comptroller of the Currency from a judgment of the United States District Court for the District of Columbia (Robinson, J.) declaring unlawful and enjoining an interpretive ruling of the Comptroller relating to the use of electronic funds transfer systems by national banks.

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