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INVESTMENT CO. INSTITUTE v. CONOVER

No. C-84-0742-WWS.

593 F.Supp. 846 (1984)

The INVESTMENT COMPANY INSTITUTE, Plaintiff, v. C.T. CONOVER, Comptroller of the Currency; the Office of the Comptroller of the Currency, An Agency of the United States, and the United States of America, Defendants.

United States District Court, N.D. California.

August 28, 1984.

Attorney(s) appearing for the Case

David J. Romanski, Steinhart & Falconer, San Francisco, Cal., Fried, Frank, Harris, Shriver & Kampelman, Washington, D.C., for plaintiff.

George L. Stoll, Asst. U.S. Atty., San Francisco, Cal., Thomas H. Peebles, U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

This action for injunctive and declaratory relief challenges two rulings by defendant Comptroller of the Currency ("the Comptroller") approving proposals by two national banks to establish collective investment funds for individual retirement account ("IRA") trust assets exempt from taxation under the Employee Retirement Income Security Act ("ERISA"), 26 U.S.C. § 408. Plaintiff is a national...

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