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CONSUMERS UNION OF UNITED STATES, INC. v. ALBRIGHT

No. 74 Civ. 234.

427 F.Supp. 840 (1977)

CONSUMERS UNION OF UNITED STATES, INC., et al., Plaintiffs, v. Harry W. ALBRIGHT, Jr., Superintendent of Banks of the State of New York, Defendant.

United States District Court, S. D. New York.

February 25, 1977.

Attorney(s) appearing for the Case

Peter H. Schuck, Washington, D. C., for plaintiff; John LeMoult, Karpatkin, Pollet & LeMoult, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of N. Y., New York City, for defendant; Judith A. Gordon, Asst. Atty. Gen., of counsel.

Bennett, Ayervais & Bertrand, New York City, for amicus curiae; Robert J. Bertrand, Henry Mark Holzer, New York City, of counsel.

Before HAYS, Circuit Judge, and GAGLIARDI and KNAPP, District Judges.

OPINION

GAGLIARDI, District Judge.

Plaintiffs move pursuant to Rule 56 Fed. R.Civ.P. for summary judgment seeking to permanently enjoin the enforcement, operation and execution of Sections 266 and 268 of the Banking Law of the State of New York. N.Y.Bank.Law §§ 266 & 268 (McKinney 1971). Plaintiffs allege that these provisions which relate to savings bank life insurance are violative of various provisions of the Constitution of the United States...

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