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UNITED JERSEY BANKS v. PARELL

No. 85-5525.

783 F.2d 360 (1986)

UNITED JERSEY BANKS; United Jersey Bank/Southwest; Constellation Bancorporation; the National State Bank; Horizon Bancorp; Princeton Bank; New Jersey National Corporation; New Jersey National Bank; United Counties Bancorporation; and United Counties Trust Company, Appellants v. Mary Little PARELL, Commissioner of Banking of the State of New Jersey; First Fidelity Bancorporation; First Fidelity Bank, N.A., South Jersey; Community Bancshares Corporation; and National Bank and Trust Company of Gloucester County.

United States Court of Appeals, Third Circuit.

Decided February 14, 1986.

Rehearing and Rehearing Denied March 11, 1986.

Attorney(s) appearing for the Case

William S. Greenberg (argued), James F. Schwerin, Greenberg & Prior, Princeton, N.J., for appellants.

Irwin I. Kimmelman, Atty. Gen. of New Jersey, James J. Ciancia, Asst. Atty. Gen., Robert M. Jaworski, Deputy Atty. Gen., Barbara S. Goldsmith (argued), Trenton, N.J., for appellee Mary Little Parell, Commissioner of Banking of the State of N.J.

Eugene J. Metzger (argued), Samuel Shepard Jones, Jr., Donald L. Hardison, Metzger, Shadyac & Schwarz, Washington, D.C., John D. Schupper, Stephen N. Dermer, Gregory G. Campisi, Lowenstein, Sandler, Brochin, Kohl, Fisher, Boylan & Meanor, Roseland, N.J., for appellees First Fidelity Bancorporation; First Fidelity Bank, N.A., South Jersey; Community Bancshares Corp.; and National Bank and Trust Co. of Gloucester County.

Before HIGGINBOTHAM, SLOVITER and MANSMANN, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 11, 1986.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This case presents a significant issue regarding the scope and propriety of removal to federal court on the basis of what is essentially a claim of federal preemption. To reach that issue, we must first traverse the maze of state and federal legislation on bank mergers, acquisitions and bank holding companies.

Plaintiffs are attempting to...

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