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VARIABLE ANNUITY LIFE INS. CO. v. CLARK

No. 92-2010.

13 F.3d 833 (1994)

The VARIABLE ANNUITY LIFE INSURANCE CO., Plaintiff-Appellant, v. Robert L. CLARK, Comptroller of the Currency, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 13, 1994.

Attorney(s) appearing for the Case

Ellen K. Dollase, Kansas City, MO, pro hac vice, amicus curiae in support of appellant.

Jacob M. Lewis, Mark B. Stern, U.S. Dept. of Justice, Civ. Div., Washington, DC, for Clark, Office of Comp. & U.S.

Steven S. Rosenthal, Robert M. Kurucza, Morrison & Foerster, Washington, DC, for NCNB BK. & NCNB Sec.

Jonathan Sallet, Ann M. Kappler, Jenner & Block, Washington, DC, amicus curiae.

Michael F. Crotty, Washington, DC, amicus curiae (AMA).

Donn C. Meindertsma, David W. Roderer, Eric L. Hirschhorn, Winston & Strawn, Washington, DC, amicus curiae American Bankers Assn., Assn. of Banks in Ins., Bankers Roundtable, Consumer Bankers Assn., Independent Bankers Assn. of America, Independent Bankers Assn. of Texas, Louisiana Bankers Assn., Mississippi Bankers Assn., Savings & Community Bankers of America, and Texas Bankers Assn.

Theodore Edelman, John L. Warden, Sullivan & Cromwell, New York City, amicus curiae NY Clearing House Assn.

Before GOLDBERG, JOLLY and WIENER, Circuit Judges.

ON PETITIONS FOR REHEARING AND SUGGESTIONS FOR REHEARING EN BANC

(Opinion August 26, 1993, 5 Cir., 998 F.2d 1295)

PER CURIAM:

The Petitions for Rehearing are DENIED and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Federal Rules of Appellate Procedure and Local Rule 35...

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