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BLACKFEET NAT. BANK v. NELSON

No. 96-3021.

171 F.3d 1237 (1999)

BLACKFEET NATIONAL BANK, American Deposit Corp., Plaintiffs-counterdefendants-Appellants, v. Bill NELSON, as Treasurer and Insurance Commissioner of the State of Florida, Defendant-counterclaimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 5, 1999.

Attorney(s) appearing for the Case

Thaddeus Holt, Holt Law Office, Point Clear, AL, Dennis M. Gingold, Anderson, Aukamp & Gingold, Washington, DC, for Plaintiffs-counterdefendants-Appellants.

Daniel Y. Sumner, Legal Office, David Busch, Dennis S. Silverman, Karen Asher-Cohen, Div. of Ins. Fraud, Dept. of Ins., Tallahassee, FL, for Defendant-counterclaimant-Appellee.

Ross M. Koppel, Washington, DC, for Amicus Office of the Comptroller of the Currency.

Bruce E. Clark, Sullivan & Cromwell, New York City, for Amicus New York Clearing House Ass'n.

Marc E. Sorini, David O. Stewart, Washington, DC, for Amicus American Counsel of Life Ins.

Scott A. Sinder, Washington, DC, for Amicus Nat. Ass'n of Life Underwriters.

Before TJOFLAT, BIRCH and MARCUS, Circuit Judges.

TJOFLAT, Circuit Judge:

Blackfeet National Bank, a national bank located in Montana, issues a product called the "Retirement CD" to the public. As part of its marketing efforts, Blackfeet has advertised these CDs in the Wall Street Journal. The Insurance Commissioner for the State of Florida, contending that offering the Retirement CD involves engaging in the business of insurance, commenced administrative proceedings against Blackfeet under the Florida Insurance...

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