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TRAVERSE CITY STATE BANK v. EMPIRE NATIONAL BANK

Civ. A. Nos. 4036, 4038.

228 F.Supp. 984 (1964)

TRAVERSE CITY STATE BANK, a Michigan banking corporation, Plaintiff, v. The EMPIRE NATIONAL BANK, a national banking association, Defendant. NATIONAL BANK AND TRUST COMPANY OF TRAVERSE CITY, a national banking corporation. Plaintiff. v. The EMPIRE NATIONAL BANK, a national banking corporation, and James J. Saxon, Comptroller of the Currency of the United States, Defendants.

United States District Court W. D. Michigan, S. D.

May 1, 1964.

Attorney(s) appearing for the Case

Murchie, Calcutt & Brown, Traverse City, Mich., Dickinson, Wright, McKean & Cudlip, Detroit, Mich., Robert B. Murchie, Traverse City, Mich., Robert E. McKean, Detroit, Mich., of counsel, for plaintiff Travis City State Bank.

Running & Wise, Traverse City, Mich., Dickinson, Wright, McKean & Cudlip, Detroit, Mich., Harry T. Running, Traverse City, Mich., Robert E. McKean, Detroit, Mich., of counsel, for plaintiff National Bank & Trust Co. of Traverse City.

Williams, Thompson & Coulter, Traverse City, Mich., Maxwell F. Badgley, Jackson, Mich., Fitch R. Williams and K. E. Thompson, Traverse City, Mich., of counsel, for defendant Empire Nat. Bank.

George E. Hill, U. S. Dist. Atty., H. David Soet, Asst. U. S. Dist. Atty., Grand Rapids, Mich., for defendant Comptroller.

FOX, District Judge.

These two cases were filed in February of 1961. Plaintiffs, in their complaints, pray for a declaration that the establishment and operation by the defendant Empire National Bank, of a banking office within or near Traverse City, Michigan, whether by change of location of its principal office, or otherwise, is unlawful. Plaintiffs also prayed for an injunction restraining the defendant bank from prosecuting its application for approval of such...

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