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FIRST NATIONAL BANK v. UNION TRUST CO.

No. 764.

244 U.S. 416 (1917)

37 S.Ct. 734

61 L.Ed. 1233

FIRST NATIONAL BANK OF BAY CITY v. FELLOWS, ATTORNEY GENERAL OF THE STATE OF MICHIGAN, ON THE RELATION OF UNION TRUST COMPANY ET AL.

Supreme Court of United States.

Decided June 11, 1917.

Attorney(s) appearing for the Case

Mr. W.C. Elliott and Mr. Edward S. Clark, with whom Mr. H.M. Gillett was on the briefs, for plaintiff in error.

Mr. Henry M. Campbell and Mr. John G. Johnson for defendants in error.

The Solicitor General, with whom Mr. Joseph P. Cotton and Mr. Milton C. Elliott were on the brief, for the United States, by leave of court.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

We are of opinion that the procedure resorted to was appropriate and that the state court was competent to administer relief, but we postpone stating our reasons on the subject until the merits have been passed upon.

The court below held that an act of Congress conferring on national banks additional powers was in excess of the authority of Congress and was hence repugnant to the Constitution. 192...

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