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AMERICAN BANK & TRUST COMPANY v. SAXON

No. 17140.

373 F.2d 283 (1967)

AMERICAN BANK & TRUST COMPANY, a Michigan Banking Corporation, Plaintiff-Appellant, v. James J. SAXON, Comptroller of the Currency of the United States, the Dart National Bank of Mason, a National Banking Association, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

February 28, 1967.

Attorney(s) appearing for the Case

Richard B. Foster, Lansing, Mich. (Foster, Campbell, Lindemer & McGurrin, Theodore W. Swift, Richard B. Foster, Jr., Edmund E. Shepherd, Lansing, Mich., on the brief), for appellant.

John P. O'Brien, Lansing, Mich. (Marshall, O'Brien & Skehan, Lansing, Mich., on the brief), for appellee Dart Nat. Bank.

David L. Rose, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Edward Berlin, Atty., Dept. of Justice, Washington, D. C., Harold R. Beaton, U. S. Atty., Grand Rapids, Mich., on the brief), for appellee Saxon, Comptroller.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Maurice M. Moule, Asst. Atty. Gen., Lansing, Mich., on the brief for Michigan Attorney General, amicus curiae, on behalf of State Banking Commissioner.

Before O'SULLIVAN and CELEBREZZE, Circuit Judges, and CECIL, Senior Circuit Judge.

O'SULLIVAN, Circuit Judge.

On March 20, 1964, the Dart National Bank, a national bank of Mason, Michigan, filed application with the Comptroller of the Currency for authority to establish a branch bank in the unincorporated village of Holt in Delhi Township, Ingham County, Michigan. The application was opposed by American Bank & Trust Company, a Michigan Banking Corporation, which was already operating a branch bank in that village. The relevant Federal and Michigan...

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