BARNETT BANK OF MARION COUNTY, N.A. v. GALLAGHER

No. 93-3508.

43 F.3d 631 (1995)

BARNETT BANK OF MARION COUNTY, N.A., a national banking association, Plaintiff-Counter-Defendant, Appellant, Cross-Appellee, v. Tom GALLAGHER, Insurance Commission of the State of Florida, Fla. Dept. Insurance, a state agency, Defendants-Appellees, Cross-Appellant, Florida Association of Life Underwriters, Professional Insurance Agents of Florida, Inc., Florida Associations of Insurance Agents, Defendants-Counter-Claimant, Appellees-Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 30, 1995.


Attorney(s) appearing for the Case

David M. Wells, Peter E. Nicandri, Jacksonville, FL, for appellant.

David J. Busch, Tallahassee, FL, Scott A. Sinder, Ann M. Kappler, Arti K. Rai, Washington, DC, J. Robert McClure, Jr., F. Townsend Hawkes, Tallahassee, FL, for appellee.

Virginia B. Townes, Akerman, Senterfitt & Eidson, P.A., Orlando, FL, Anthony J. Steinmeyer, Jacob M. Lewis, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, Daniel Y. Sumner, Florida Dept. of Ins., Tallahassee, FL, for amicus, Florida Bankers Ass'n.

Before COX, Circuit Judge, FAY, Senior Circuit Judge, and CARNES, District Judge.


FAY, Senior Circuit Judge:

This appeal arises from a final order following a bench trial on the merits of plaintiff Barnett Bank of Marion County's ("Barnett Marion") suit for permanent injunctive and declaratory relief against Florida Insurance Commissioner Tom Gallagher and the Florida Department of Insurance. The Florida Association of Life Underwriters, Professional Insurance Agents of Florida, Inc., and the Florida Associations of Insurance Agents intervened...

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