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WALL v. FENNER

No. 9540.

76 N.W.2d 722 (1956)

Melvin WALL et al., Plaintiffs, v. Roy H. FENNER, as Superintendent of Banks of the State of South Dakota, et al., Defendants.

Supreme Court of South Dakota.

Rehearing Denied June 15, 1956.

Attorney(s) appearing for the Case

Phil Saunders, Atty. Gen., Benjamin D. Mintener and W. O. Knight, Asst. Attys. Gen., for defendants and appellants. Karl Goldsmith, Pierre, of counsel.

Frank R. McKenna and Milton Cameron, Sisseton, for plaintiffs and respondents.

RENTTO, Judge.

Plaintiffs and three other incorporators filed Articles of Incorporation for the Sisseton State Bank in the office of the Superintendent of Banks, together with an application for the approval thereof. The defendants, who constitute the State Banking Commission, denied the application for the "reason that it appears the public convenience and necessity do not justify the organization of said new bank and that...

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