American Council of Life Insurance v. Ludwig

1 F. Supp. 2d 24 (1998)

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American Council of Life Insurance v. Ludwig

United States District Court for the District of Columbia
1 F. Supp. 2d 24 (1998)

  • Written by Robert Cane, JD

Facts

Under the National Bank Act, national banks could sell insurance only if the place in which the bank was located had a population under 5,000. Magna Bank was a state-chartered bank operating in an area with a population above 5,000. Magna Bank owned subsidiary companies that sold insurance. Magna Bank applied to the United States Comptroller of the Currency, Eugene Ludwig (defendant) to convert its state-chartered bank to a national bank charter and to retain its nonconforming insurance subsidiaries under 12 U.S.C. § 35, which provided for the organization of state banks as national banking associations. The comptroller approved the conversion. The American Council of Life Insurance (plaintiff) sued the comptroller, arguing that § 35 required Magna Bank to divest itself of its nonconforming insurance subsidiaries eventually. The comptroller moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Green, J.)

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