Owensboro National Bank v. Stephens

I disagree with the majority’s decision affirming the district court in granting summary judgment and injunctive relief for the plaintiffs. Therefore, I respectfully dissent from the Court’s opinion.

I

Defendants-Appellants present three central arguments in this appeal: (1) that Kentucky Revised Code § 287.030(4) (“section 287”) is not preempted by 12 U.S.C. § 92 under traditional preemption analysis; (2) that the McCarran-Ferguson Act protects section 287 from preemption by § 92; and (3) that section 287 cannot be preempted by § 92 because of language contained in the Bank Holding Company Act…