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FIRST UNION NAT. BANK v. BURKE

No. 3:98CV2171 JBA.

48 F.Supp.2d 132 (1999)

FIRST UNION NATIONAL BANK, Plaintiff, Fleet Bank, N.A. Consolidated-Plaintiff Office of the Comptroller Of The Currency, Intervenor-Plaintiff, v. The Honorable John P. BURKE, Banking Commissioner, Defendant.

United States District Court, D. Connecticut.

April 7, 1999.

Attorney(s) appearing for the Case

Donald E. Frechette, Edwards & Angell, Hartford, for First Union Natl Bank, plaintiff.

Daniel L. Fitzmaurice, Day, Berry & Howard, Hartford, for Fleet Bank, N.A., consolidated plaintiff.

F. Thomas Eck, IV, Horace G. Sneed, Comptroller of the Currency Litigation Division, Washington, DC, for Office of the Comptroller of the Currency, Office of the Comptroller of Currency, intervenor-plaintiff.

Gregory T. D'Auria Attorney General's Office, Hartford, William J. Prensky Attorney General's Office, Finance & Public Utilities, Hartford, for Banking Commissioner, Dept.of Banking, Legal Div., Ct, /o Hon. John P. Burke Comm, defendant, John Burke, consolidated defendant.

RULING ON INTERVENOR-PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [Doc. # 37] AND DEFENDANT'S MOTION TO DISMISS [Doc. # 41]

ARTERTON, District Judge.

These motions present the deceptively simple question of who has the authority to administratively enforce state banking laws against in-state branches of national banks. The answer requires analysis of the requirements of the national banking regulatory scheme with respect to the Connecticut Banking...

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