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INDEPENDENT INS. AGENTS OF AMERICA v. CLARKE

Nos. 90-5209, 90-5214.

955 F.2d 731 (1992)

INDEPENDENT INSURANCE AGENTS OF AMERICA, INC., et al., Appellants, v. Robert L. CLARKE, Comptroller of the Currency, et al. NATIONAL ASSOCIATION OF LIFE UNDERWRITERS, et al., Appellants, v. Robert L. CLARKE, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1992.

As Amended February 25, 1992.

Attorney(s) appearing for the Case

Jonathan B. Sallet, for appellants. Ann M. Kappler, Washington, D.C., also entered an appearance, for appellants.

Theodore C. Hirt, Atty., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and Jay B. Stephens, U.S. Atty., Anthony J. Steinmeyer, Atty., Dept. of Justice, and Lester W. Scoll, Atty., Office of Comptroller of Currency, Washington, D.C., were on brief, for appellee Clarke.

Kenneth L. Bachman, Jr., Giovanni P. Prezioso, and Marc C. Krantz, Washington, D.C., were on brief, for appellee U.S. Nat. Bank of Oregon.

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

Before SILBERMAN, BUCKLEY and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Circuit Judge SILBERMAN.

BUCKLEY, Circuit Judge:

Appellants challenge a ruling by the Comptroller of the Currency that would permit any national bank, or its branch, located in a community of not more than five thousand inhabitants to sell insurance to customers outside that community. The Comptroller based his ruling on section 92 of the National Bank Act. As we find...

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