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SUBURBAN TRUST COMPANY v. NATIONAL BANK OF WESTFIELD

Civ. A. 837-62, 875-62.

211 F.Supp. 694 (1962)

SUBURBAN TRUST COMPANY, Plaintiff, v. NATIONAL BANK OF WESTFIELD, Defendant. Charles R. HOWELL, Commissioner, Department of Banking and Insurance of the State of New Jersey, and Arthur J. Sills, Attorney General of the State of New Jersey, Plaintiffs, v. NATIONAL BANK OF WESTFIELD, Defendant.

United States District Court D. New Jersey.

December 10, 1962.

Attorney(s) appearing for the Case

Riker, Danzig, Marsh & Scherer, by William Riker, Newark, N. J., for plaintiff Suburban Trust Co.

Arthur J. Sills, Perth Amboy, N. J., by Alan B. Handler, Newark, N. J., for plaintiffs Howell and Sills.

Dughi & Johnstone, Westfield, N. J., by Irvine B. Johnstone, Jr., Westfield, N. J., for defendant.

WORTENDYKE, District Judge.

The complaint in Docket 837-62 alleges that on October 3, 1961 the New Jersey Commissioner of Banking and Insurance issued to the plaintiff Suburban Trust Company (Suburban), a certificate of authority to establish a branch banking office in the Borough of Mountainside, New Jersey, pursuant to N.J. S.A. 17:9A-20. It is further alleged that Suburban was unable, because of provisions of the Borough's zoning ordinance, to obtain the necessary...

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