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BOWLER v. HAWKE

No. 02-1738.

320 F.3d 59 (2003)

Julianne M. BOWLER, in her capacity as Commissioner of Insurance of the Commonwealth of Massachusetts; Thomas J. Curry, in his capacity as Commissioner of Banks of the Commonwealth of Massachusetts; Commonwealth of Massachusetts, Petitioners, v. John D. HAWKE, in his capacity as Comptroller of the Currency of the United States; The Office of the Comptroller of the Currency, an Agency of the United States of America, Respondents.

United States Court of Appeals, First Circuit.

Decided February 13, 2003.

Attorney(s) appearing for the Case

Thomas A. Barnico, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for the petitioners.

John B. Williams, Scott A. Sinder, and Christy Hallam DeSanctis, and Collier, Shannon, Scott, PLLC on brief for amici curiae the Independent Insurance Agents of America, Inc., and the National Association of Professional Insurance Agents, Inc.

John W. Bauer, Andrew J. Beal, Eric A. Smith and Rackemann, Sawyer & Brewster, on brief for amicus curiae the National Association of Insurance Commissioners.

Douglas B. Jordan, with whom Julie L. Williams, Daniel P. Stipano, and L. Robert Griffin, were on brief for the respondents.

Brenda R. Sharton, Collin O'Connor Udell, and Goodwin Procter, LLP, on brief for amici curiae the Massachusetts Bankers Association, American Bankers Association, American Bankers Insurance Association, America's Community Bankers, and Independent Community Bankers of America.

Kenneth F. Ehrlich, John J. O'Connor, and Peabody & Arnold, LLP, on brief for amicus curiae Banknorth, N.A.

Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge

HOWARD, Circuit Judge.

The Commonwealth of Massachusetts and its Commissioners of Insurance and Banks (collectively, "Massachusetts") have filed a petition asking that we "vacate, set aside, or otherwise annul" an opinion of the Office of the Comptroller of the Currency ("OCC"). Massachusetts objects to the OCC's determination that the Gramm-Leach-Bliley Act of 1999 ("GLBA"), Pub.L. No. 106-102, 113 Stat. 1338 (1999), preempts three provisions of a Massachusetts consumer...

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