ASSOCIATION OF BANKS IN INS., INC. v. DURYEE

No. 99-3917.

270 F.3d 397 (2001)

ASSOCIATION OF BANKS IN INSURANCE, INC.; American Bankers Association Insurance Association; Ohio Bankers Association; Huntington National Bank, Plaintiffs-Appellees, v. Harold T. DURYEE, Superintendent of Ohio Department of Insurance, Defendant, Independent Insurance Agents of Ohio, Inc.; Ohio Association of Life Underwriters; Ohio Association of Professional Insurance Agents, Inc.; Ohio Land Title Association; Independent Insurance Agents of America, Inc.; National Association of Life Underwriters; National Association of Professional Insurance Agents, Inc., Intervenors/Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 1, 2001.


Attorney(s) appearing for the Case

ARGUED: Scott A. Sinder, (argued and briefed), COLLIER, SHANNON, RILL & SCOTT, John J. Manning BRIEFED), Washington, D.C., for Appellants.

Kathleen M. Trafford (argued and briefed), PORTER, WRIGHT, MORRIS & ARTHUR, Columbus, Ohio, for Appellees.

ON BRIEF: Scott A. Sinder, John J. Manning, COLLIER, SHANNON, RILL & SCOTT, Washington, D.C., for Appellants.

Kathleen M. Trafford, PORTER, WRIGHT, MORRIS & ARTHUR, Columbus, Ohio, for Appellee.

Yvette Rivera, OFFICE OF THE COMPTROLLER OF THE CURRENCY, Washington, D.C., for Amicus Curiae.

Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges; COLLIER, District Judge.


Pursuant to Sixth Circuit Rule 206

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

This action involves the right of a national bank, under § 13 of the Federal Reserve Act, 12 U.S.C. § 92, to act as an insurance agent in towns with a population of 5,000 or less. The plaintiffs, a national bank and several organizations whose memberships include national banks, filed suit against the Ohio Superintendent...

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