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STATE OF IDAHO EX REL. ROBSON v. FIRST SECURITY BANK OF IDAHO

Civ. Nos. 1-69-83, 1-69-101.

315 F.Supp. 274 (1970)

STATE OF IDAHO ex rel. Robert M. ROBSON, Attorney General, and John D. Silva, Commissioner of Finance, Plaintiff, v. FIRST SECURITY BANK OF IDAHO, National Association, and William B. Camp, Comptroller of the Currency of the United States, Defendants. STATE OF IDAHO ex rel. Robert M. ROBSON, Attorney General, and John D. Silva, Commissioner of Finance, Plaintiff, v. The IDAHO FIRST NATIONAL BANK, and William B. Camp, Comptroller of the Currency of the United States, Defendants.

United States District Court, D. Idaho, S. D.

April 22, 1970.

Attorney(s) appearing for the Case

Robert M. Robson, Atty. Gen. of Idaho, Richard Greener, and Stewart A. Morris, Asst. Attys. Gen., Boise, Idaho, for plaintiff.

Paul B. Ennis, of Hawley, Troxell, Ennis & Hawley, Boise, Idaho, C. Preston Allen, of Ray, Quinney & Nebeker, Salt Lake City, Utah, for defendant First Security Bank of Idaho, N.A.

Willis E. Sullivan, of Langroise, Clark, Sullivan & Smylie, Boise, Idaho, for defendant Idaho First National Bank.

C. Westbrook Murphy, Office of the Comptroller of the Currency, Washington, D. C., Sherman F. Furey, Jr., U. S. Atty., D. Idaho, William D. Ruckleshaus, Asst. Atty. Gen., Harland F. Leathers, and A. James Barnes, Attys., Dept. of Justice, Washington, D. C., for defendant William B. Camp, Comptroller of the Currency.

Calvin Davison, James F. Bell, Peter B. Work, of Reavis, Pogue, Neal & Rose, Washington, D. C., John L. Runft, of Eberle, Berlin, Morgan, Kading & Turnbow, Boise, Idaho, of counsel, for National Association of Supervisors of State Banks, amicus curiae.

MEMORANDUM OF OPINION AND ORDER

FRED M. TAYLOR, Chief Judge.

The plaintiff State of Idaho brought these actions on the relation of its Attorney General and of its Commissioner of Finance, seeking a declaratory judgment of this court that an administrative ruling by the defendant Comptroller (Comptroller's Manual for National Banks, ¶ 7310) is contrary to federal and state law, and that activities undertaken by the defendant national banks under color...

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