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PA BANKERS ASS'N v. PA DEPT. OF BANKING

Nos. 31 MAP 2007, 32 MAP 2007, 33 MAP 2007.

956 A.2d 956 (2008)

PENNSYLVANIA BANKERS ASSOCIATION and the Pennsylvania Business Bank, Appellants v. PENNSYLVANIA DEPARTMENT OF BANKING and TruMark Financial Credit Union, Appellees Pennsylvania Credit Union Association and Corry Jamestown Credit Union and Freedom Credit Union, Intervenors Pennsylvania Bankers Association, Pennsylvania Business Bank, Fulton Bank and Premier Bank, Appellants v. Pennsylvania Department of Banking, Pennsylvania Department of Revenue, The Attorney General of the Commonwealth, Appellees Pennsylvania Credit Union Association and Freedom Credit Union, Intervenors Pennsylvania Bankers Association and the Pennsylvania Business Bank, Appellants v. Pennsylvania Department of Banking, Appellees Freedom Credit Union and Pennsylvania Credit Union Association, Intervenors.

Supreme Court of Pennsylvania.

Decided September 24, 2008.

Attorney(s) appearing for the Case

Christopher R. Nestor, Esq., Raymond P. Pepe, Esq., Kirkpatrick & Lockhart, Preston, Gates, Ellis, L.L.P. Harrisburg, for Pennsylvania Bankers Association, et al. (31, 32, 33 MAP 2007).

Carter David Frantz, Esq., Linda Carroll, Esq., PA Department of Banking, Harrisburg, for Pennsylvania Department of Banking (31, 32, 33 MAP 2007).

Daniel T. Fitch, Esq., Valentino F. DiGiorgio, III, Esq., Stradley, Ronon, Stevens & Young, L.L.P., Harrisburg, for TruMark Financial Credit Union, (31 MAP 2007).

Francis Crowley, Esq., Christopher Michael Guth, Esq., Blank, Rome, L.L.P., Philadelphia, for Freedom Credit Union, (31, 32, 33 MAP 2007).

Richard T. Wargo, Jr., Esq., PA Credit Union Association, for Pennsylvania Credit Union Association, (31, 32 MAP 2007).

Daniel T. Fitch, Esq., Harrisburg, for TruMark Financial Credit Union, (32, 33 MAP 2007).

Laurie Schnarrs Kennedy, Esq., Richard W. Wargo, Jr., Esq., Harrisburg, for PA Credit Union Association, (33 MAP 2007).

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.

OPINION

Justice BAER.

This matter arises from a dispute between members of the banking industry, the credit union industry, and certain administrative agencies under the Pennsylvania Credit Union Code ("Credit Union Code"), 17 Pa.C.S. §§ 101-1504. As detailed later in this opinion, credit unions in Pennsylvania have historically organized their membership based upon common bonds of association, such as shared occupations. Effective February...

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