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IN RE SUBPOENA SERVED UPON COMPTROLLER OF CURRENCY

Nos. 91-5427, 91-5428.

967 F.2d 630 (1992)

In re SUBPOENA SERVED UPON the COMPTROLLER OF the CURRENCY, AND the SECRETARY OF the BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1992.

Attorney(s) appearing for the Case

Peter R. Maier, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Anthony J. Steinmeyer, were on the brief, for appellants in both cases.

Robert M. Kornreich, with whom Robert J. Berg, was on the brief, for appellees in both cases. Jerry S. Cohen also entered an appearance for appellees.

S. Michael Levin, Scott B. Schreiber, Roger P. Fendrich, and Andrew T. Karron, were on the joint brief, for amici curiae Fleet/Norstar Financial Group Inc., The American Bankers Ass'n, The Ass'n of Bank Holding Companies, and The New York Clearing House Ass'n. Patricia A. Dean, John J. Gill, Michael F. Crotty, and John L. Warden, also entered appearances for amici curiae.

Before RUTH BADER GINSBURG, BUCKLEY, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The plaintiffs-appellees filed a shareholders' class action and a derivative suit against a bank holding company (BHC). They subpoenaed from the appellants, the Office of the Comptroller of the Currency (OCC) and the Secretary of the Board of Governors of the Federal Reserve System (Board), (1) certain bank examination reports prepared by those agencies and provided to...

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