NBD BANK, N.A. v. BENNETT

No. 95-1310.

67 F.3d 629 (1995)

NBD BANK, N.A., Plaintiff-Appellant, v. Donna D. BENNETT, Indiana Insurance Commissioner, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 4, 1995.


Attorney(s) appearing for the Case

Peter J. Rusthoven (argued), Catherine L. Bridge, and David E. Kirtley, Barnes & Thornburg, Indianapolis, IN, for Plaintiff-Appellant.

Terry G. Duga, Deputy Atty. Gen., Jon B. Laramore (argued), Indianapolis, IN, and Richard E. Shevitz, Office of the Attorney General, Indianapolis, IN, for Defendant-Appellee.

Thomas H. Ristine, Ice, Miller, Donadio & Ryan, Indianapolis, IN, John J. Gill, Michael F. Crotty, American Bankers Association, Washington, DC, James T. McIntyre, McNair & Sanford, Washington, DC, Richard M. Whiting, Bankers Roundtable, Washington, DC, Marcia Z. Sullivan, Consumer Bankers Association, Arlington, VA, L. Robert Griffin, Julie L. Williams, Carol E. Robbins, Office of the Comptroller of the Currency, Washington, DC, Jeffrey M. Yates, Independent Insurance Agents of America, Alexandria, VA, David A. Winston, National Association of Life Underwriters, Washington, DC, and Dean R. Sackett, III, National Association of Professional Insurance Agents, Alexandria, VA, for Amici Curiae.

Before COFFEY, EASTERBROOK, and RIPPLE, Circuit Judges.


EASTERBROOK, Circuit Judge.

NBD Bank operates a branch in Corydon, Indiana. Because Corydon has fewer than 5,000 inhabitants, 12 U.S.C. § 92 permits NBD to act as agent for the sale of insurance:

[A]ny [national bank] association located and doing business in any place the population of which does not exceed five thousand inhabitants, as shown by the last preceding decennial census, may, under such rules and regulations as may be prescribed by the Comptroller...

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