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FLEET BANK v. BURKE

Docket No. 98-9324

160 F.3d 883 (1998)

FLEET BANK, NATIONAL ASSOCIATION, Plaintiff-Appellee, v. The Honorable John P. BURKE, Banking Commissioner of the State of Connecticut, and Connecticut Department of Banking, a State Agency, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 9, 1998.

Attorney(s) appearing for the Case

Richard Blumenthal, Atty. Gen., Hartford, Conn. (William J. Prensky, Asst. Atty. Gen., Hartford, Conn., on the brief), for defendants-appellants.

Daniel L. FitzMaurice, Hartford, Conn. (Allan B. Taylor, Day, Berry & Howard, Hartford, Conn., on the brief), for plaintiff-appellee.

(Michael E. Malamut, Loretta M. Smith, Boston, Mass., submitted a brief for amicus curiae The New England Legal Foundation).

(Raymond Natter, Robert B. Serino, L. Robert Griffin, Rosa M. Koppel, F. Thomas Eck, IV, Washington, DC, submitted a brief for amicus curiae The Office of the Comptroller of the Currency).

(Donald E. Frechette, Edwards & Angell, Hartford, Conn., submitted a brief for amicus curiae First Union National Bank).

Before: NEWMAN and JACOBS, Circuit Judges and BURNS,

JON O. NEWMAN, Circuit Judge:

This appeal concerning a preemption claim presents an issue of federal subject matter jurisdiction that appears not to have been explicitly considered by any court. The issue is whether subject matter jurisdiction under 28 U.S.C. § 1331 (1994) is available for a complaint seeking declaratory and injunctive relief against a state officer and a state agency that alleges (a) that state law does not prohibit the action the defendants...

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