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BT INV. MANAGERS, INC. v. LEWIS

TCA 73-184.

461 F.Supp. 1187 (1978)

BT INVESTMENT MANAGERS, INC. and Bankers Trust New York Corporation, Plaintiffs, v. Gerald A. LEWIS, Comptroller of the State of Florida and Commissioner of Banking of the State of Florida, Defendant.

United States District Court, N. D. Florida, Tallahassee Division.

December 15, 1978.

Attorney(s) appearing for the Case

John E. Mathews, Jr. and Stephen E. Day, Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, Fla., for plaintiffs.

Franklyn J. Wollett, Asst. Gen. Counsel, Tallahassee, Fla., for defendant.

J. Thomas Cardwell, Akerman, Senterfitt & Eidson, Orlando, Fla., for amicus curiae.

Before RONEY, Circuit Judge, ARNOW, Chief District Judge, and STAFFORD, District Judge.

OPINION

STAFFORD, District Judge.

Plaintiffs Bankers Trust New York Corporation (BTNYC) and BT Investment Managers (BTIM) have brought this action seeking a declaration that Florida Statutes § 660.10 and a portion of Florida Statutes § 659.141(1) contravene the United States Constitution and for an injunction restraining their enforcement. Jurisdiction, which is not contested, is founded upon 28 U.S.C. §§ 1331 and 1343(3). This three...

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