NEW YORK STOCK EXCHANGE v. BLOOM

No. 76-1235.

562 F.2d 736 (1977)

NEW YORK STOCK EXCHANGE, INC. and Investment Company Institute, Appellants, v. Robert BLOOM, Acting Comptroller of the Currency.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 1977.

Rehearing Denied August 31, 1977.


Attorney(s) appearing for the Case

John E. Nolan, Jr., Washington, D.C., with whom James L. Wolf, G. Duane Vieth and James W. Jones, Washington, D.C., were on the brief, for appellants.

Harry Silver, Atty., Dept. of Justice, Washington, D.C., for appellee. Barbara Allen Babcock, Asst. Atty. Gen. and Ronald R. Glancz, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellee. Michael H. Stein and Donald Etra, Attys. for Dept. of Justice, Washington, D.C., also entered appearances for appellee.

John M. Liftin and George C. Smith, Washington, D.C., filed a brief on behalf of the Securities Industry Association as amicus curiae urging reversal.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges.


Opinion for the Court filed by Circuit Judge, McGOWAN.

Concurring Opinion filed by Circuit Judge, WRIGHT.

McGOWAN, Circuit Judge:

Appellants New York Stock Exchange, Inc. (NYSE) and Investment Company Institute (ICI) sued in the District Court for declaratory and injunctive relief against two informal expressions of opinion by the Comptroller of the Currency to Security Pacific National Bank (Security Pacific...

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