CONFERENCE OF STATE BANK SUPERVISORS v. CONOVER

No. 81-2256.

715 F.2d 604 (1983)

CONFERENCE OF STATE BANK SUPERVISORS, Robert Abrams, Attorney General of the State of New York, et al., Appellants, v. C.T. CONOVER, Comptroller of the Currency of the United States.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 1983.


Attorney(s) appearing for the Case

Arthur E. Wilmarth, Jr., Washington, D.C., with whom James F. Bell, Washington, D.C., for Conference of State Bank Supervisors, Corinne J. Gieseke, Sp. Asst. Atty. Gen., State of Ill., Chicago, Ill., for People of the State of Illinois ex rel. William C. Harris, Howard L. Zwickel, Asst. Atty. Gen., State of New York, for Robert Abrams, Atty. Gen. of the State of New York, New York City, and William L. Williams, Asst. Atty. Gen., State of Wash., Olympia, Wash., for State of Washington ex rel. Michael D. Edwards, were on brief for appellants.

R. Craig Lawrence, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth and Whitney Adams, Asst. U.S. Attys., and Ronald R. Glancz, and L. Robert Griffin, Washington, D.C., were on brief for appellee.

Leonard J. Theberge for Chicago Ass'n of Commerce and Industry, Illinois Bankers Ass'n, Independent Community Banks in Illinois, and Mid-America Legal Foundation, Washington, D.C., were on brief for amici curiae, urging reversal.

Before TAMM, Circuit Judge, ROBB, Senior Circuit Judge, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.


Opinion for the Court filed by Senior Circuit Judge ROBB.

ROBB, Senior Circuit Judge:

The appellants1 are state officials responsible for regulation of state-licensed banking institutions. As plaintiffs in the District Court they sued for declaratory and injunctive relief, challenging regulations 12 C.F.R. §§ 28.2(b)-(d), 28.3, & 28.4 (1980) and a portion of an accompanying interpretative statement (44 Fed.Reg. 65381...

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