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FIRST NATIONAL BANK IN BILLINGS v. FIRST BANK STOCK CORP.

Civ. No. 282.

197 F.Supp. 417 (1961)

FIRST NATIONAL BANK IN BILLINGS, a National Banking Association, Security Trust & Savings Bank, a corporation, and the Yellowstone Bank, a Corporation, Plaintiffs, v. FIRST BANK STOCK CORPORATION, a Corporation, Midland National Bank of Billings, a National Banking Association, and Valley State Bank, an ostensible Corporation, Defendants.

United States District Court D. Montana, Billings Division.

April 6, 1961.

Attorney(s) appearing for the Case

Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., Luxan & Scribner, Helena, Mont., for plaintiffs.

W. F. Marquart, Curtis L. Roy and Dorsey, Owen, Barber, Marquart & Windhorst, Minneapolis, Minn., Cooke, Moulton, Bellingham & Longo, Billings, Mont., for defendants.

KILKENNY, District Judge.

Action for declaratory judgment and injunctive relief.

Count I charges defendants with the violation of the Bank Holding Company Act of 1956, 12 U.S.C.A. §§ 1841-1848. Count II charges defendants with the violation of the National Banking Act, 12 U.S.C.A. § 36, and Section 5-1028 of the Montana Code. The cause is before the Court for decision on an agreed statement of facts, on defendants' motion to dismiss, plaintiffs...

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