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OFFICE OF COMPTROLLER OF CURRENCY v. SPITZER

No. 05 Civ. 5636(SHS).

396 F.Supp.2d 383 (2005)

OFFICE OF THE COMPTROLLER OF THE CURRENCY, Plaintiff, v. Eliot SPITZER, in his official capacity as Attorney General for the State of New York, Defendant.

United States District Court, S.D. New York.

October 12, 2005.

Attorney(s) appearing for the Case

Douglas B. Jordan, Yvette Rivera, Office of the Comptroller of the Currency, Washington, DC, for Plaintiff, Office of the Comptroller of the Currency.

Matthew Byron Colangelo, NAACP Legal Defense & Educational Fund, Inc., New York, NY, for Movant, NAACP Legal Defense & Educational Fund, Inc.

Lars Franklin Nance, N.C. Dept. of Justice, Raleigh, NC, for Movant, N.C. Attorney General Roy Cooper.

Heidi Sarah Wicker, Schwartz & Ballen LLP, Washington, DC, for National Ass'n of Realtors and New York State Ass'n of Realtors, Inc., Amicus.

Dannis David Parker, New York State Dept. of Law (EPB), Albany, NY, for Eliot Spitzer in his official capacity as Attorney General for State of New York.

OPINION AND ORDER

STEIN, District Judge.

This is an action by the Office of the Comptroller of the Currency (the "OCC") seeking declaratory and injunctive relief barring the Attorney General of the State of New York from infringing on the OCC's exclusive visitorial authority over national banks and their operating subsidiaries.1 The OCC is the federal agency with primary...

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