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NORTH ARLINGTON NAT. BANK v. KEARNY FED. S. & L. ASS'N

Civ. A. No. 451-49.

92 F.Supp. 481 (1950)

NORTH ARLINGTON NAT. BANK v. KEARNY FEDERAL SAVINGS & LOAN ASS'N.

United States District Court D. New Jersey.

September 12, 1950.

Attorney(s) appearing for the Case

Herrigel, Lindabury & Herrigel, Newark, N. J., for plaintiff.

Koch, Gillespie & Masini, Newark, N. J., for defendant.

Fred N. Oliver, New York City, amicus curiae on behalf of National Association of Mutual Savings Banks.

Alfred E. Modarelli, Newark, N. J., amicus curiae on behalf of the United States.

Theodore D. Parsons, Red Bank, N. J., amicus curiae on behalf of the State of New Jersey.

FAKE, Chief Judge.

This suit was instituted in the State Court under the New Jersey Declaratory Judgments Act, N.J.S.A. 2:26-66 et seq., and removed to this court upon the assertion that the complaint is founded on a claim or right arising under the Constitution and laws of the United States. That it does so arise will be noted from what follows.

The complaint discloses that the gravamen of the action lies in the allegation that the Home Loan Bank Board, functioning...

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