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UNITED STATES v. MERCANTILE TRUST CO. NAT. ASS'N

No. 65 C 241(1).

263 F.Supp. 340 (1966)

UNITED STATES of America, Plaintiff, v. MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION and Security Trust Company, Defendants, and Comptroller of the Currency, James J. Saxon, Intervening Defendant.

United States District Court E. D. Missouri, E. D.

December 19, 1966.

Attorney(s) appearing for the Case

Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., Nicholas deB. Katzenbach, Atty. Gen., Donald F. Melcior, Atty., Dept. of Justice, Lawrence F. Noble, Atty., Antitrust Div., Dept. of Justice, Washington, D. C., for plaintiff.

Joseph J. O'Malley, Associate Chief Counsel, Office of Comptroller of Currency, Washington, D. C., for intervenor.

Wm. H. Armstrong, Wm. H. Webster, James M. Douglas, William G. Guerri, Thompson, Mitchell, Douglas & Neill, St. Louis, Mo., for defendants.

MEMORANDUM AND ORDER

HARPER, Chief Judge.

This matter is before the court on motion to dismiss filed by the defendant, Mercantile Trust Company National Association, and the defendant, Security Trust Company (hereinafter referred to as Banks), and motion to dismiss filed by the intervening defendant, Comptroller of the Currency (hereinafter referred to as Comptroller). The basis for both motions is failure to state a cause of action, and they were submitted...

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