No. 85-5019.

790 F.2d 925 (1986)

INVESTMENT COMPANY INSTITUTE, Appellant, v. C.T. CONOVER, Comptroller of the Currency, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1986.

Attorney(s) appearing for the Case

Harvey L. Pitt, with whom Henry A. Hubschman and David M. Miles, Washington, D.C., were on brief, for appellant.

L. Robert Griffin, Atty., Office of the Comptroller, with whom Richard K. Willard, Asst. Atty. Gen., and Richard V. Fitzgerald, Chief Counsel, Office of the Comptroller, Washington, D.C., were on brief for appellees, C.T. Conover, et al.

Arnold M. Lerman, with whom Michael S. Helfer, Christopher R. Lipsett and Daniel M. Drory, Washington, D.C., were on brief, for appellee, Citibank.

John J. Gill and Michael F. Crotty, Washington, D.C., were on brief for amicus curiae, American Bankers Ass'n urging affirmance.

Before: SCALIA and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case brings us once more into the legal battle between the banking and securities industries over the former's movement into business domains which the latter considers its own. The Investment Company Institute is a national association of investment companies, investment advisors and underwriters. The Institute brought an action for declaratory and injunctive relief in the District...


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