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WELLS FARGO BANK, N.A. v. BOUTRIS

No. CIV.S-03-0157 GEB JF.

265 F.Supp.2d 1162 (2003)

WELLS FARGO BANK, N.A., and Wells Fargo Home Mortgage, Inc., Plaintiffs, v. Demetrios A. BOUTRIS, in his official capacity as Commissioner of the California Department of Corporations, Defendant.

United States District Court, E.D. California.

May 9, 2003.

Attorney(s) appearing for the Case

William L. Stern, Severson and Werson, San Francisco, CA, E. Edward Bruce, Pro Hac Vice, Stuart C. Stock, Pro Hac Vice, Robert A. Long, Jr., Pro Hac Vice, Keith A. Noreika, Pro Hac Vice, Covington and Burling, Washington, DC, for Plaintiffs.

Virginia Jo Dunlap, State of California Department of Corporations, Sacramento, CA, Judy Lynn Hartley, State of California Department of Corporations, Los Angeles, CA, for Defendant.

Horace G. Sneed, Office of the Comptroller of the Currency, Washington, DC, for Amicus.

ORDER

BURRELL, District Judge.

Pending are cross-motions for summary judgment involving all claims in this action. This dispute concerns preemption under the National Bank Act ("the Act") of California's power to regulate an operating subsidiary of a national bank; whether a California official is liable for retaliation and 42 U.S.C. § 1983 claims for his exercise of state regulatory authority over that operating subsidiary; and, whether the...

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