lewis
continental
bank
argued
november
decided
march
bank
holding
company
act
bhca
allowed
prohibit
bank
holding
company
owning
bank
defined
include
institution
accepted
demand
deposits
engaged
commercial
lending
business
appellee
illinois
bank
holding
company
applied
florida
establish
operate
industrial
savings
bank
isb
state
averring
deposit
relationships
insured
maximum
extent
allowed
federal
deposit
insurance
corporation
fdic
appellant
lewis
state
comptroller
refused
process
application
ground
two
state
statutes
prohibited
holding
companies
operating
isbs
florida
appellee
filed
suit
claiming
state
statutes
violated
commerce
clause
district
granted
summary
judgment
favor
ordering
lewis
process
application
subsequently
denied
without
explanation
appellee
motion
attorney
fees
shortly
appeals
affirmed
merits
remanded
explanation
attorney
fees
claim
denied
amendments
bhca
expanded
definition
bank
include
banks
whose
deposits
insured
fdic
lewis
filed
petition
rehearing
appeals
arguing
new
legislation
mooted
controversy
since
appellee
proposed
isb
deposits
refusal
process
application
authorized
federal
law
hence
immune
commerce
clause
challenge
denied
petition
awarded
appellee
attorney
fees
appeal
remanded
district
calculate
amount
award
determine
whether
award
appropriate
work
done
district
held
case
rendered
moot
bhca
amendments
evidence
record
appellee
stake
case
outcome
application
establish
operate
isb
stake
eliminated
amendments
application
constitutes
evidence
appellee
intended
establish
uninsured
bank
since
insured
fdic
maximum
extent
allowed
envisions
fdic
insurance
merit
appellee
argument
suit
nevertheless
remains
justiciable
dispute
florida
capable
repetition
yet
evading
review
since
florida
allegedly
unconstitutional
action
longer
unconstitutional
respect
insured
isbs
reasonable
expectation
appellee
suffer
wrong
moreover
state
refusal
issue
bank
charter
sort
action
reason
inherently
short
duration
opportunity
remedy
likely
evade
review
see
los
angeles
lyons
pp
appellee
postargument
ex
parte
affidavit
averring
interest
opening
explaining
failure
file
updated
application
uninsured
isb
evaluated
first
instance
since
however
case
mootness
attributable
change
governing
legal
framework
since
appellee
may
residual
claim
understandably
asserted
previously
intended
apply
uninsured
isb
covered
new
framework
case
remanded
consideration
materials
parties
may
submit
supplement
record
see
diffenderfer
central
baptist
church
miami
pp
event
mooted
controversy
occurred
appeals
judgment
appellee
appeal
stage
prevailing
party
entitled
recover
attorney
fees
see
rhodes
stewart
whether
appellee
deemed
prevailing
party
district
whether
fees
available
commerce
clause
challenge
must
resolved
courts
first
instance
scalia
delivered
opinion
unanimous
arthur
wilmarth
argued
cause
appellant
briefs
eric
taylor
assistant
attorney
general
florida
charles
stutts
michael
underwood
albert
gimbel
thomas
cardwell
joe
walters
andrew
gordon
argued
cause
appellees
brief
bowman
brown
lee
mackson
benna
ruth
solomon
charles
rothfeld
filed
brief
national
conference
state
legislatures
et
al
amici
curiae
urging
reversal
john
warden
michael
wiseman
filed
brief
new
york
clearing
house
association
amicus
curiae
urging
affirmance
andrew
frey
kenneth
geller
andrew
pincus
daniel
barney
robert
digges
william
busker
filed
brief
american
trucking
associations
amicus
curiae
justice
scalia
delivered
opinion
case
involves
illinois
bank
holding
company
challenge
certain
florida
banking
statutes
alleged
violate
commerce
clause
art
cl
conclude
case
rendered
moot
amendments
bank
holding
company
act
bank
holding
company
act
bhca
stat
amended
bank
holding
company
principal
banking
operations
one
state
may
establish
acquire
bank
another
state
unless
latter
state
statutes
specifically
authorize
bhca
thus
effectively
permits
prevent
holding
companies
owning
banks
license
state
discrimination
applies
however
proposed
banking
subsidiary
bank
defined
bhca
stat
amended
banking
institution
qualified
bank
purposes
bhca
accepted
demand
deposits
engaged
business
commercial
lending
amended
competitive
equality
amendments
stat
bhca
definition
expanded
include
banks
whose
deposits
insured
federal
deposit
insurance
corporation
fdic
see
june
appellee
continental
bank
corporation
bank
holding
company
principal
place
business
illinois
filed
application
florida
department
banking
finance
establish
operate
industrial
savings
bank
isb
florida
according
application
deposit
relationships
insured
maximum
extent
allowed
fdic
juris
statement
appellant
lewis
comptroller
state
florida
head
department
banking
finance
refused
process
application
ground
two
florida
statutes
stat
supp
stat
supp
prohibited
bank
holding
companies
operating
isbs
florida
continental
thereupon
filed
complaint
district
northern
district
florida
claiming
statutes
violated
commerce
clause
art
cl
praying
declaratory
injunctive
relief
district
granted
summary
judgment
plaintiff
holding
florida
statutes
unconstitutionally
discriminated
nonresidents
ordered
lewis
process
continental
application
june
district
entered
judgment
state
florida
amended
statutes
prohibit
chartering
new
isbs
state
whether
resident
nonresident
enterprises
stat
supp
lewis
moved
amend
alter
judgment
pursuant
rule
federal
rules
civil
procedure
arguing
new
nondiscriminatory
ban
rendered
validity
challenged
statutes
moot
district
denied
motion
reasoning
new
statute
even
constitutional
moot
case
state
unconstitutional
behavior
capable
repetition
yet
evading
review
app
meanwhile
continental
moved
award
attorney
fees
arguing
lewis
enforcement
statutes
deprived
constitutional
rights
violation
district
denied
motion
without
explanation
appeal
appeals
eleventh
circuit
affirmed
merits
issue
though
resting
determination
case
moot
different
ground
supervening
ban
new
isbs
unconstitutional
since
purpose
effect
denying
nonresident
holding
companies
access
florida
deposits
appeals
resolve
continental
claim
attorney
fees
remanded
case
district
explanation
claim
denied
continental
illinois
lewis
august
shortly
appeals
issued
opinion
change
law
time
federal
level
part
competitive
equality
amendments
stat
congress
expanded
bhca
definition
bank
new
definition
codified
includes
insured
bank
defined
section
federal
deposit
insurance
act
turn
defines
insured
bank
bank
deposits
insured
fdic
amendment
bhca
lewis
filed
petition
rehearing
appeals
arguing
new
legislation
mooted
controversy
isb
continental
proposed
establish
deposits
therefore
bank
within
coverage
bhca
coverage
lewis
argued
mean
florida
refusal
permit
continental
establish
isb
even
discriminatory
interstate
commerce
authorized
federal
law
hence
immune
challenge
commerce
clause
appeals
denied
petition
rehearing
brief
opinion
saying
agree
amendments
necessarily
make
continental
operation
isb
florida
banking
activity
every
instance
guess
parties
result
enactment
august
bhca
amendments
addition
awarded
continental
attorney
fees
appeal
without
explaining
basis
award
remanded
district
calculation
proper
award
appeal
well
determination
whether
award
appropriate
work
done
district
lewis
appealed
invoking
jurisdiction
ed
repealed
stat
noted
probable
jurisdiction
ii
article
iii
constitution
federal
courts
may
adjudicate
actual
ongoing
cases
controversies
deakins
monaghan
preiser
newkirk
invoke
jurisdiction
federal
litigant
must
suffered
threatened
actual
injury
traceable
defendant
likely
redressed
favorable
judicial
decision
allen
wright
valley
forge
christian
college
americans
separation
church
state
article
iii
denies
federal
courts
power
decide
questions
affect
rights
litigants
case
north
carolina
rice
confines
resolving
real
substantial
controvers
ies
admitting
specific
relief
decree
conclusive
character
distinguished
opinion
advising
law
upon
hypothetical
state
facts
ibid
quoting
aetna
life
insurance
haworth
requirement
subsists
stages
federal
judicial
proceedings
trial
appellate
sustain
jurisdiction
present
case
enough
dispute
much
alive
suit
filed
review
obtained
appeals
deakins
supra
steffel
thompson
parties
must
continue
personal
stake
outcome
lawsuit
los
angeles
lyons
quoting
baker
carr
record
us
evidence
continental
stake
outcome
application
establish
operate
isb
application
however
pertained
institution
specifying
deposit
relationships
insured
maximum
extent
allowed
fdic
thus
stake
represented
application
eliminated
amendments
bhca
make
clear
matter
commerce
clause
issues
suit
resolved
application
constitutionally
denied
continental
concedes
amended
bhca
isb
bank
within
bhca
definition
florida
thus
authorized
congress
exclude
insured
isbs
owned
nonresident
holding
companies
exclusion
virtue
congressional
authorization
violate
commerce
clause
continental
argued
quoted
language
application
meant
isb
insurance
insurance
available
none
none
available
think
insured
fdic
maximum
extent
allowed
quite
different
insured
fdic
possible
insured
fdic
maximum
extent
allowed
envisions
fdic
insurance
instead
specifying
fixed
dollar
amount
insurance
permissible
level
varied
years
see
stat
specifies
maximum
amount
allowable
time
time
application
thus
constitutes
evidence
continental
intent
establish
uninsured
bank
said
difference
insured
bank
uninsured
bank
inconsequential
expressed
intention
open
one
displays
well
intention
open
particularly
time
prospective
depositors
reading
news
widespread
bank
failures
fdic
insurance
may
well
seen
essential
viability
continental
contends
still
claim
relief
complaint
sought
specific
relief
ordering
lewis
process
original
application
also
declaration
florida
statutes
unconstitutional
injunction
enforcement
future
bhca
amendment
argues
render
requested
relief
nugatory
insofar
applies
uninsured
banks
may
well
article
iii
question
whether
requested
relief
nugatory
world
large
whether
continental
stake
relief
even
order
pursue
declaratory
injunctive
claims
words
continental
must
establish
specific
live
grievance
application
statutes
uninsured
isbs
golden
zwickler
abstract
disagreemen
constitutionality
application
thomas
union
carbide
agricultural
products
quoting
abbott
laboratories
gardner
discussed
nothing
record
establishes
continental
informs
us
florida
law
remains
free
amend
application
seek
uninsured
rather
insured
isb
perhaps
also
said
every
bank
country
free
file
application
seeking
uninsured
florida
isb
one
case
mere
power
seek
indication
intent
thus
establish
particularized
concrete
stake
affected
judgment
continental
challenge
constitutionality
florida
statutes
application
uninsured
bank
neither
applied
expressed
intent
apply
amounts
request
advice
law
upon
hypothetical
state
facts
aetna
life
insurance
haworth
respect
contingent
future
events
may
occur
anticipated
indeed
may
occur
thomas
supra
quoting
wright
miller
cooper
federal
practice
procedure
continental
sought
supplement
record
argument
filing
affidavit
officer
one
subsidiaries
averring
continental
interest
opening
uninsured
florida
isb
explaining
failure
file
updated
application
bank
circumstances
present
case
disposed
accept
affidavit
dispositive
without
providing
petitioner
opportunity
rebuttal
time
continental
challenge
denial
application
insured
isb
mooted
amendments
bhca
litigation
progress
almost
seven
years
order
vacating
judgment
grounds
mootness
deprive
continental
claim
attorney
fees
assuming
arguendo
claim
fees
available
party
prevails
winning
relief
seeks
see
rhodes
stewart
hewitt
helms
interest
attorney
fees
course
insufficient
create
article
iii
case
controversy
none
exists
merits
underlying
claim
see
diamond
charles
face
record
appears
concrete
interest
controversy
terminated
reasonable
caution
needed
sure
mooted
litigation
pressed
forward
unnecessary
judicial
pronouncements
even
constitutional
issues
obtained
solely
order
obtain
reimbursement
sunk
costs
reasonable
caution
includes
think
accepting
conclusive
ex
parte
affidavit
party
seeking
fees
without
providing
party
opportunity
adduce
controverting
facts
show
alleged
dispute
abstract
feigned
hypothetical
sibron
new
york
event
whenever
possible
possible
decision
review
federal
evaluation
factual
contentions
bearing
upon
article
iii
jurisdiction
made
first
instance
therefore
decline
accept
continental
supplementation
record
finally
continental
urges
suit
remains
justiciable
even
concrete
interest
application
statutes
uninsured
banks
dispute
florida
capable
repetition
yet
evading
review
contention
twice
wrong
permitted
suits
prospective
relief
go
forward
despite
abatement
underlying
injury
exceptional
situations
los
angeles
lyons
following
two
circumstances
simultaneously
present
challenged
action
duration
short
fully
litigated
prior
cessation
expiration
reasonable
expectation
complaining
party
subjected
action
murphy
hunt
per
curiam
quoting
weinstein
bradford
neither
requirements
satisfied
since
florida
allegedly
unconstitutional
action
longer
unconstitutional
respect
insured
isbs
reasonable
expectation
continental
suffer
wrong
unless
course
intends
establish
uninsured
isb
appear
record
cf
california
coastal
granite
rock
superior
california
riverside
county
state
refusal
issue
bank
charter
sort
action
reason
inherently
short
duration
opportunity
remedy
likely
forever
evad
review
see
burlington
northern
maintenance
way
employees
injunction
secondary
picketing
railroad
labor
dispute
nebraska
press
assn
stuart
protective
order
press
coverage
criminal
trial
continental
applies
denied
charter
uninsured
bank
florida
ample
time
obtain
judicial
review
denial
iii
ordinary
practice
disposing
case
become
moot
appeal
vacate
judgment
directions
dismiss
see
deakins
monaghan
munsingwear
however
instances
mootness
attributable
change
legal
framework
governing
case
plaintiff
may
residual
claim
new
framework
understandably
asserted
previously
practice
vacate
judgment
remand
proceedings
parties
may
necessary
amend
pleadings
develop
record
fully
see
diffenderfer
central
baptist
church
miami
essentially
situation
need
continental
set
forth
interest
uninsured
isb
apparent
anyone
bhca
amendments
passed
occur
case
already
argued
submitted
appeals
florida
petition
rehearing
basis
amendments
granted
continental
properly
criticized
supplementing
record
point
fact
however
petition
denied
think
continental
negligently
sleeping
rights
take
extraordinary
step
seeking
supplement
record
appellate
level
merely
motion
pending
accordingly
vacate
judgment
remand
appeals
consider
remand
district
consider
material
may
submitted
parties
supplementation
record
bearing
upon
continental
concrete
interest
grant
application
uninsured
florida
isb
since
judgment
vacated
basis
event
mooted
controversy
appeals
judgment
issued
continental
stage
prevailing
party
must
recover
fees
see
rhodes
stewart
whether
continental
deemed
prevailing
party
district
even
though
judgment
mooted
rendered
losing
party
challenge
validity
appeal
question
difficulty
see
palmer
chicago
addressed
neither
decline
resolve
well
related
question
whether
fees
available
commerce
clause
challenge
judgment
vacated
cause
remanded
proceedings
appropriate
consistent
opinion
ordered