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INDEPENDENT INS. AGENTS OF AMERICA, INC. v. HAWKE

Civil Action No. 98-cv-0562.

43 F.Supp.2d 21 (1999)

INDEPENDENT INSURANCE AGENTS OF AMERICA, INC., National Association of Professional Insurance Agents, Inc., National Association of Life Underwriters, National Association of Mutual Insurance Companies, Crop Insurance Research Bureau, Plaintiffs, v. John D. HAWKE, Jr., in his capacity as Comptroller of the Currency, and The Office of the Comptroller of the Currency, an agency of the United States, Defendants.

United States District Court, District of Columbia.

March 24, 1999.

Attorney(s) appearing for the Case

Ann M. Kappler, Jenner & Block Washington, DC, for plaintiffs.

F. Thomas Eck, IV, Office of the Comptroller of the Currency Washington, DC, for defendants.

MEMORANDUM

JUNE L. GREEN, District Judge.

Before the Court are two dispositive motions: Defendants' Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, and Plaintiffs' corresponding Motion for Summary Judgment pursuant to Rule 56. For the reasons that follow, the Plaintiffs' motion is granted and the Defendants' motion is denied.

BACKGROUND

This case was brought following the issuance of an interpretive...

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