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BT INV. MANAGERS, INC. v. LEWIS

No. 76-1373.

559 F.2d 950 (1977)

BT INVESTMENT MANAGERS, INC. and Bankers Trust New York Corporation, Plaintiffs-Appellants, v. Gerald A. LEWIS, Comptroller of the State of Florida and Commissioner of Banking of the State of Florida, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 1977.

Attorney(s) appearing for the Case

John E. Mathews, Jr., Stephen E. Day, Jacksonville, Fla., for plaintiffs-appellants.

Robert L. Shevin, Atty. Gen., William B. Corbett, Jr., Asst. Gen. Counsel, Ed Kuhnel, Gen. Counsel, Richard E. Gentry, Asst. Gen. Counsel, Tallahassee, Fla., for Legal Annex.

Before AINSWORTH and MORGAN, Circuit Judges, and LYNNE, Senior District Judge.

LYNNE, Senior District Judge:

Appellants sought declaratory and injunctive relief from a Florida statute that prohibited them from operating an "investment advisory" service in that state. The three-judge district court invoked the doctrine of abstention and dismissed the action without prejudice so that plaintiffs might have certain state law issues resolved by the courts of the State of Florida. We reverse.

Facts

In 1972 appellant Bankers...

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