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CLEARING HOUSE ASSOCIATION, L.L.C. v. CUOMO

Docket Nos. 05-5996-cv (L), 05-6001-cv (CON).

510 F.3d 105 (2007)

The CLEARING HOUSE ASSOCIATION, L.L.C., Plaintiff-Appellee, Office of the Comptroller of the Currency, Plaintiff-Counter-Defendant-Appellee, v. Andrew M. CUOMO, in his Official Capacity as Attorney General for the State of New York, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 4, 2007.

Attorney(s) appearing for the Case

Caitlin Halligan, Solicitor General (Dieter Snell, Deputy Attorney General; Michelle Aronowitz, Deputy Solicitor General; Richard Dearing, Julie Loughran, Shaifali Puri, Assistant Solicitors General, of counsel), New York, NY, for Andrew M. Cuomo, Attorney General of the State of New York, Defendant-Counter-Claimant-Appellant.

Robinson B. Lacy (H. Rodgin Cohen, Adam R. Brebner, Keith Levenberg, on the brief), Sullivan & Cromwell, LLP, New York, NY, for Plaintiff-Appellee The Clearing House Association, L.L.C.

Douglas B. Jordan (Julie L. Williams, Daniel P. Stipano, Horace G. Sneed, on the brief), Washington, DC, for Plaintiff-Counter-Defendant-Appellee Office of the Comptroller of the Currency.

Before: CARDAMONE and B.D. PARKER, Circuit Judges, and KOELTL, District Judge.

Judge CARDAMONE concurs in part and dissents in part in a separate opinion.

B.D. PARKER, Jr., Circuit Judge:

The National Bank Act ("NBA" or "Act") authorizes national banks to engage in a broad range of business activities, and also limits the exercise of "visitorial powers" over such banks.1 The Office of the Comptroller of the Currency ("OCC") is the agency Congress has entrusted to implement the NBA and to oversee the national...

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