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AMERICAN BANK AND TRUST COMPANY v. SAXON

Civ. A. No. 4833.

249 F.Supp. 962 (1966)

AMERICAN BANK AND TRUST COMPANY, a Michigan banking corporation, Plaintiff, v. James J. SAXON, as Comptroller of the Currency of the United States of America, and Dart National Bank, of Mason, Michigan, a national banking corporation, Defendants.

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

February 3, 1966.

Attorney(s) appearing for the Case

Foster, Campbell, Lindemer & McGurrin, Lansing, Mich., Richard B. Foster and Richard B. Foster, Jr., Lansing, Mich., of counsel, for plaintiff.

Harold D. Beaton, U. S. Dist. Atty., Grand Rapids, Mich., Richard Beatty, Dept. of Justice, Washington, D. C., for defendant.

Marshall, O'Brien & Skehan, Lansing, Mich., John P. O'Brien, Lansing, Mich., of counsel, for defendant bank.

FOX, District Judge.

This action was commenced by the plaintiff, American Bank and Trust Company, a Michigan banking corporation, for the purpose of enjoining the Comptroller of the Currency of the United States from authorizing the establishment of a branch bank, approval of the defendant Comptroller having issued on April 14, 1964, for the establishment of the Dart National Bank, Mason Branch, in what the plaintiff claims is the unincorporated village of Holt, Michigan...

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