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INDEPENDENT INS. AGENTS OF AMERICA, INC. v. HAWKE

No. 99-5158.

211 F.3d 638 (2000)

INDEPENDENT INSURANCE AGENTS OF AMERICA, INC., et al., Appellees, v. John D. HAWKE, Jr., Comptroller of the Currency, and the Office of the Comptroller of the Currency, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 2000.

Attorney(s) appearing for the Case

Douglas B. Jordan, Special Counsel, U.S. Department of Treasury, argued the cause for appellants. With him on the briefs were Robert B. Serino, Deputy Chief Counsel, L. Robert Griffin, Director, Horace G. Sneed, Assistant Director, and F. Thomas Eck, IV, Senior Trial Attorney.

Chrys D. Lemon, John J. Gill and Michael F. Crotty were on the brief for amici curiae American Bankers Association and Association of Banks in Insurance.

Scott A. Sinder argued the cause and was on the brief for appellees.

Before: SENTELLE, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Circuit Judge HENDERSON concurs in the result.

SENTELLE, Circuit Judge:

In 1864, Congress granted national banks the power to "exercise ... all such incidental powers as shall be necessary to carry on the business of banking." Act of June 3, 1864, ch. 106, § 8, 13 Stat. 99, 101 (codified at 12 U.S.C. § 24 (Seventh) (1994)). Fifty-two years later, Congress enlarged that grant by conferring...

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