PACIFIC CAPITAL BANK, N.A. v. CONNECTICUT

Docket No. 06-4149-cv.

542 F.3d 341 (2008)

PACIFIC CAPITAL BANK, N.A., Plaintiff-Appellee, v. STATE OF CONNECTICUT, Defendant, Richard Blumenthal, in his official capacity as Attorney General of the State of Connecticut, and John P. Burke, in his official capacity as Banking Commissioner of the State of Connecticut, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 12, 2008.


Attorney(s) appearing for the Case

Stephen M. Ryan, Washington, D.C. (James E. Datri, McDermott, Will & Emery, Washington, D.C., Tamar Feder, Benjamin G. Shatz, Manatt, Phelps & Phillips, Washington, D.C., on the brief), for Plaintiff-Appellee.

Clare E. Kindall, Assistant Attorney General, Hartford, CT, (Richard Blumenthal, Attorney General, Jane R. Rosenberg, Mark F. Kohler, Assistant Attorneys General, Hartford, CT, on the brief), for Defendants-Appellants.

Arnold & Porter (Laurence J. Hutt, Los Angeles, CA, Howard N. Cayne, Nancy L. Perkins, Washington, D.C., of counsel) filed a brief for amici curiae American Bankers Association. America's Community Bankers, Consumer Bankers Association, and Financial Services Roundtable, in support of Plaintiff-Appellee.

University of Connecticut School of Law Tax Clinic, Hartford, CT, (Diana L. Leyden, Maurice Headley, Aaron Shotland, Sara Yoon, Hartford, CT, of counsel), filed a brief as amicus curiae in support of Defendants-Appellants.

Chi Chi Wu, National Consumer Law Center, Boston, Massachusetts, Kathleen Keest, Center for Responsible Lending, Durham, North Carolina, Gail Hillebrand, Consumers Union, San Francisco, CT, Ira Rheingold, National Association of Consumer Advocates, Washington, D.C, and Deepak Gupta and Brian Wolfman, Public Citizen Litigation Group, Washington, D.C., filed a brief for amici curiae National Consumer Law Center, Consumer Federation of America, Center for Responsible Lending, Consumers Union, National Association of Consumer Advocates, Connecticut Public Interest Research Group, U.S. PIRG, Consumer Action, Public Citizen, and National Association of Consumer Agency Administrators, in support of Defendants-Appellants.

Before KEARSE, STRAUB, and HALL, Circuit Judges.


KEARSE, Circuit Judge:

Defendants Richard Blumenthal and John P. Burke, in their respective capacities as Attorney General and Banking Commissioner of the State of Connecticut (collectively "the State Officials") appeal from so much of a judgment of the United States District Court for the District of Connecticut, Peter C. Dorsey, Judge, as granted summary judgment in favor of plaintiff Pacific Capital Bank, N.A. ("Pacific"), against the State Officials (1) declaring...

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