Legal Opinion

Wachovia Bank, N.A. And Wachovia Mortgage Corporation v. Linda A. Watters, Commissioner of the Michigan Office of Insurance and Financial Services

Court of Appeals for the Sixth Circuit

Decided December 19, 2005No. 04-2257PublishedCited by 20 opinions

1Opinion of the Court

OPINION

BOYCE F. MARTIN, Circuit Judge.

The question before us is whether the National Bank Act and regulations promulgated by the Office of the Comptroller of the Currency preempt Michigan banking laws concerning operating subsidiaries of nationally chartered banks. 1 The dis trict court held that the Michigan laws are preempted and granted summary judgment in favor of Wachovia. The State of Michigan filed its notice of appeal on January 27, 2004. Since that time, the federal district court for the District of Maryland, and the United States Courts of Appeal for the Second and Ninth Circuits…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  3. Clarke v. Securities Industry Assn.Supreme Court of the United States · 1987
  4. Nationsbank of North Carolina, N. A. v. Variable Annuity Life InsuranceSupreme Court of the United States · 1995
  5. Donald Bennett v. City of EastpointeCourt of Appeals for the Sixth Circuit · 2005

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3Cited by20 opinions

  1. Watters v. Wachovia Bank, N. A.Supreme Court of the United States · 2007
  2. National Cotton Council of America v. United States Environmental Protection AgencyCourt of Appeals for the Sixth Circuit · 2009
  3. Citizens Coal Council and Kentucky Resources Council, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Sixth Circuit · 2006
  4. National City Bank Of Indiana v. TurnbaughCourt of Appeals for the First Circuit · 2006
  5. Long v. AdamsDistrict Court, E.D. Michigan · 2006

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