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INDEPENDENT INS. AGENTS OF AMERICA, INC. v. CLARKE

Nos. 90-5209, 90-5214.

965 F.2d 1077 (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.

May 22, 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 MIKVA, Chief Judge, WALD, HARRY T. EDWARDS, RUTH BADER GINSBURG, SILBERMAN, BUCKLEY, STEPHEN F. WILLIAMS, D.H. GINSBURG, SENTELLE, HENDERSON, and RANDOLPH, Circuit Judges.

On Appellees' Suggestions for Rehearing En Banc

ORDER

PER CURIAM.

Appellees' Suggestions for Rehearing En Banc have been circulated to the full Court. The taking of a vote was requested and responses were received. Thereafter, a majority of the judges of the Court in regular active service did not vote in favor of the suggestions. Upon consideration of the foregoing, it is

ORDERED, by the Court en banc, that the suggestions...

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