AMERICAN LAND TITLE ASS'N v. CLARKE

No. 720, Docket 91-6235.

968 F.2d 150 (1992)

AMERICAN LAND TITLE ASSOCIATION, New York State Land Title Association, Plaintiff-Appellant, v. Robert L. CLARKE, in his official capacity as Comptroller of the Currency, Office of the Comptroller of the Currency, an agency of the United States, Defendant-Appellee, The Chase Manhattan Bank, N.A., Intervenor-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 15, 1992.


Attorney(s) appearing for the Case

Sheldon E. Hochberg, Washington, D.C. (William T. Finley, Jr., Susan M. Damplo, Steptoe & Johnson, Washington, D.C., Glenn J. Pogust, Jacob, Medinger & Finnegan, New York City, of counsel), for plaintiff-appellant.

Kay K. Gardiner, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Gabriel W. Gorenstein, Asst. U.S. Atty., of counsel), for defendant-appellee.

Kent T. Stauffer, The Chase Manhattan Bank, N.A., Litigation Div., New York City, for intervenor-defendant-appellee.

John J. Gill, Michael F. Crotty, American Bankers Ass'n, Washington, D.C., for amicus curiae American Bankers Ass'n.

Before OAKES, Chief Judge, MESKILL and PRATT, Circuit Judges.


OAKES, Chief Judge:

The issue in this appeal is whether two provisions of the National Bank Act, 12 U.S.C. §§ 92 and 24 (Seventh) (1988), permit national banks to engage in the title insurance agency business.

I.

Appellants the American Land Title Association and the New York State Land Title Association (collectively ALTA), brought suit in the United States District Court for the Southern District...

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