NATIONAL CITY BANK OF INDIANA; National City Mortgage Company; First Franklin Financial Corporation, Plaintiffs-Appellees,
v.
Charles W. TURNBAUGH, in his official capacity as Commissioner of Financial Regulation, Maryland Department of Labor, Licensing and Regulation, Defendant-Appellant.
The States of Alaska; Arizona; Arkansas; Colorado; Connecticut; Delaware; Florida; Hawaii; Idaho; Illinois; Iowa; Kansas; Kentucky; Louisiana; Maine; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Montana; Nevada; New Hampshire; New Jersey; New York; North Carolina; North Dakota; Oklahoma; Oregon; Pennsylvania; South Carolina; South Dakota; Tennessee; Texas; Vermont; Washington; West Virginia; Wisconsin; Wyoming; The District of Columbia, Amici Supporting Appellant,
The Office of the Comptroller of the Currency, Amicus Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 25, 2006.
Decided: August 10, 2006.
Attorney(s) appearing for the Case
ARGUED: Jonathan R. Krasnoff, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellant. Robert Allen Long, Jr., Covington & Burling, Washington, D.C., for Appellees. Douglas Bradford Jordan, Office of the Comptroller of the Currency, Washington, D.C., for Amicus Supporting Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Steven M. Sullivan, Solicitor General, Thomas L. Gounaris, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellant. Stuart C. Stock, Keith A. Noreika, Benjamin C. Block, Covington & Burling, Washington, D.C., for Appellees. Roy Cooper, Attorney General of North Carolina, Philip A. Lehman, Assistant Attorney General, Consumer Protection Division, North Carolina Department of Justice, Raleigh, North Carolina; Thomas J. Miller, Attorney General of Iowa, William L. Brauch, Special Assistant Attorney General, Consumer Protection Division, Iowa Attorney General's Office, Des Moines, Iowa, for Amici Supporting Appellant. Julie L. Williams, Daniel P. Stipano, Horace G. Sneed, Office of the Comptroller of the Currency, Washington, D.C., for Amicus Supporting Appellees.
Before WIDENER and DUNCAN, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge GOODWIN wrote the opinion, in which Judge WIDENER and Judge DUNCAN joined.
OPINION
GOODWIN, District Judge:
The issue before us is whether the National Bank Act ("NBA"), 12 U.S.C. §§ 21-216 (2000), and regulations of the Office of the Comptroller of the Currency ("OCC") preempt Maryland laws requiring the State's Commissioner of Financial Regulation ("Commissioner") to exercise certain powers over operating...
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