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CONTINENTAL ILLINOIS CORP. v. LEWIS

Nos. 85-3165, 85-3949.

827 F.2d 1517 (1987)

CONTINENTAL ILLINOIS CORPORATION, et al., Plaintiffs-Appellees, Cross-Appellants, v. Gerald A. LEWIS, in his official capacities as Comptroller of the State of Florida and Head of the Department of Banking of the State of Florida, Defendant-Appellant, Cross-Appellee. CONTINENTAL ILLINOIS CORPORATION and William D. Plechaty, et al., Plaintiffs-Appellants, v. Gerald A. LEWIS, in his official capacity as Comptroller of the State of Florida and Head of the Department of Banking of the State of Florida, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 22, 1987.

Attorney(s) appearing for the Case

Bowman Brown, Phillip G. Newcomm, Andrew L. Gordon, Lee D. Mackson, Shutts & Bowen, Miami, Fla., for Continental Illinois Corp.

Eric Joseph Taylor, Charles L. Stutts, Gen. Counsel, Albert T. Gimbel, Chief Banking Counsel, R. Michael Underwood, Asst. Gen. Counsel, Office of the Comptroller, Dept. of Banking & Finance, Tallahassee, Fla., for Lewis.

Before FAY and CLARK, Circuit Judges, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

This appeal involves the constitutionality of certain Florida statutes which regulate the conduct and ownership of financial institutions within the state of Florida.

To afford a better understanding of the case, an overview of certain relevant history is necessary. In 1972 Bankers Trust New York Corporation ("Bankers Trust"), a New York corporation operating as a bank holding company, sought federal approval to operate an investment management...

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