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FIRST NATIONAL BANK IN PLANT CITY, FLA. v. DICKINSON

Civ. A. No. 1216.

274 F.Supp. 449 (1967)

The FIRST NATIONAL BANK IN PLANT CITY, Plant City, FLORIDA, Plaintiff, and William B. Camp, Comptroller of the Currency of the United States, Plaintiff-Intervenor, v. Fred O. DICKINSON, Jr., Comptroller of the State of Florida, Ex Officio Commissioner of Banking, Defendant, and The Hillsboro Bank, First Ruskin Bank, and Peoples Bank of Lakeland, Defendant-Intervenors.

United States District Court N. D. Florida, Tallahassee Division.

May 6, 1967.

Attorney(s) appearing for the Case

Robert S. Edwards, Plant City, Fla., for the First National Bank in Plant City, plaintiff.

Robert Bloom, Chief Counsel, Richard S. Beatty, Associate Chief Counsel, Office of the Comptroller of the Currency, Barefoot Sanders, Asst. Atty. Gen., Harland F. Leathers, Lester A. Jensen, Attys., Dept. of Justice, Washington, D. C., Clinton Ashmore, U. S. Atty., Tallahasse, Fla., for William B. Camp, Comptroller of the Currency of the United States, plaintiff-intervenor.

V. Carroll Webb, Associate Counsel, Office of the Comptroller, Earl Faircloth, Atty. Gen., Tallahassee, Fla., for Fred O. Dickinson, Jr., Comptroller, West Palm Beach, Fla., defendant.

Wm. Reece Smith, Jr., of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for the Hillsboro Bank, First Ruskin Bank and Peoples Bank of Lakeland, defendant-intervenors.

Wm. Joe Sears, Jacksonville, Fla., D. Fred McMullen, Tallahassee, Fla., amicus curiæ.

MEMORANDUM DECISION

CARSWELL, Chief Judge.

This action was initiated by the First National Bank in Plant City against the Comptroller of the State of Florida in his additional capacity as Commissioner of Banking. The complaint alleged that the State Comptroller had advised the bank that its armored car messenger service for pickup and delivery of cash and other items was a violation of Section 659.06(1) (a) Florida...

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