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Legislative Process Keyed to Mikva, 5th Ed.
National Bank of Oregon v. Insurance Agents
Citation:
508 U.S. 439 (1993)Facts
In 1986, United States National Bank of Oregon requested permission from the Comptroller of the Currency to sell insurance through its branch in Banks, Oregon (population: 489) to customers nationwide. The Comptroller approved the request, interpreting section 92 to permit national banks in small communities to sell insurance to customers both inside and outside those communities. Various trade organizations representing insurance agents challenged this decision, claiming the Comptroller’s ruling was inconsistent with section 92, which they argued only permitted sales to customers in those small communities. During the litigation, the Court of Appeals raised the issue of whether section 92 was still valid law, as it had been omitted from the United States Code with a notation suggesting it had been repealed in 1918. The court concluded that section 92 had been repealed, despite the fact that Congress, regulators, and courts had treated it as valid law for decades.
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