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NEW YORK BANKERS ASS'N, INC. v. LEVIN

No. 97-CV-6423T.

999 F.Supp. 716 (1998)

NEW YORK BANKERS ASSOCIATION, INC., The Canandaigua National Bank and Trust Company and CNB Operating Subsidiary No. 1, Inc., Plaintiffs, v. Hon. Neil D. LEVIN, in his capacity as the Superintendent of the State of New York Insurance Department, Defendant, and New York State Association of Life Underwriters, Inc., Professional Insurance Agents of New York, Inc., and Independent Insurance Agents Association of New York, Inc., Intervenor-Defendants.

United States District Court, W.D. New York.

March 27, 1998.

Attorney(s) appearing for the Case

David M. Schraver, Nixon, Hargrave, Devans & Doyle, L.L.P., Rochester, NY, Flor M. Colon, Nixon, Hargrave, Devans & Doyle, L.L.P., Rochester, NY, for New York Bankers Association, Inc., Canandaigua National Bank and Trust Co., CNB Operating Subsidiary No. 1, Inc.

Rene Davison, Attorney General, Rochester, NY, Peter B. Sullivan, Buffalo, NY, for Neil D. Levin.

Kenneth A. Payment, Rochester, NY, Anne M. Kappler, Scott A. Sinder, Jenner & Block, Washington, DC, for New York State Association of Life Underwriters, Inc., Professional Insurance Agents of New York, Inc., Independent Insurance Agents Association of New York, Inc.

Clifford S. Weber, Serchuk & Zelermyer, L.L.P., White Plains, NY, for Community Bankers Association of New York State, Inc.

Cory C. Caouette, Washington, DC, for United States Office of the Comptroller of the Currency.

DECISION and ORDER

TELESCA, District Judge.

INTRODUCTION

Plaintiffs New York Bankers Association, Inc., Canandaigua National Bank and Trust Company, and CNB Operating Subsidiary No. 1, Inc., bring this action pursuant to the United States Constitution and the National Bank Act, codified at 12 U.S.C. § 24 et seq. claiming that defendant Neil Levin, ("Levin" or "the Superintendent"), in his capacity as the Superintendent of the State...

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