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WACHOVIA BANK v. WATTERS

No. 04-2257.

431 F.3d 556 (2005)

WACHOVIA BANK, N.A. and Wachovia Mortgage Corporation, Plaintiffs-Appellees, v. Linda A. WATTERS, Commissioner of the Michigan Office of Insurance and Financial Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 19, 2005.

Attorney(s) appearing for the Case

ARGUED: E. John Blanchard, Michigan Department of Attorney General, Lansing, Michigan, for Appellant. Lori McAllister, Dykema Gossett, Lansing, Michigan, for Appellees. ON BRIEF: John C. Scherbarth, Michigan Department of Attorney General, Lansing, Michigan, for Appellant. Lori McAllister, William J. Perrone, Dykema Gossett, Lansing, Michigan, for Appellees. Jessica Dvorak, Iowa Attorney General's Office, Des Moines, Iowa, Gregory L. McClelland, McClelland & Anderson, Lansing, Michigan, Frederick C. Schafrick, Goodwin Procter, Washington, D.C., Douglas B. Jordan, Office of the Comptroller of the Currency, Washington, D.C., for Amici Curiae.

Before: MARTIN, GIBBONS, and GRIFFIN, Circuit Judges.

OPINION

BOYCE F. MARTIN, Circuit Judge.

The question before us is whether the National Bank Act and regulations promulgated by the Office of the Comptroller of the Currency preempt Michigan banking laws concerning operating subsidiaries of nationally chartered banks.1 The district court held that the Michigan laws are preempted and granted summary judgment in favor of Wachovia. The State...

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