BANK ONE, Utah, National Association, Plaintiff/Appellant,
v.
Michael K. GUTTAU, in his official capacity as Superintendent of Banking and Administrator of Electronic Transfer of Funds, Iowa Division of Banking, Iowa Department of Commerce, Defendant/Appellee.
Comptroller of the Currency, Intervenor Plaintiff/Amici on behalf of Appellant,
Consumer Bankers Association; Cash Station, Inc.; NationsBank, N.A.; First National Bank of McCook, Nebraska; Norwest Bank Iowa, N.A.; U.S. Bancorp; Firstar Corporation, Amici on behalf of Appellant,
Iowa Bankers Association; Iowa Independent Bankers Association; Iowa Credit Union League, Amici on behalf of Appellee.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: January 12, 1999.
Filed: September 2, 1999.
Rehearing and Rehearing Denied November 5, 1999.
Attorney(s) appearing for the Case
Robert A. Long, Jr., Washington, DC, argued (Andrew C. Friedman, W. Don Brittin, Jr., Steven Alan Bennett, Andrew I. Sutter, Randall C. Neidenthal, on the brief), for appellant, Bank One.
Douglas B. Jordan, Washington, DC, argued (Raymond Natter, Robert Serino, L. Robert Griffin, on the brief), for amici on behalf of appellant.
Andrew Richard Anderson, Des Moines, IA, argued (Thomas J. Miller, Pamela D. Griebel, Donald G. Senneff, on the brief), for appellee Guttau.
Julie Johnson McLean, Des Moines, IA, argued (Robert A. Gamble, on the brief), for amici on behalf of appellee.
BEFORE: RICHARD S. ARNOLD, BRIGHT, and WOLLMAN, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
WOLLMAN, Chief Judge.
Bank One, Utah, N.A. (Bank One) appeals from the district court's denial of a preliminary injunction that would prevent the state of Iowa (the State) from enforcing Iowa statutes restricting Bank One's operation of automated teller machines (ATMs). Because we find that certain provisions of the Iowa Electronic Funds Transfer Act (EFTA), Iowa Code ch. 527, are preempted by section 36 of the National Bank...
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