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FIRST NATIONAL BANK OF CAPE COD v. BOARD OF BANK INC.

361 Mass. 381 (1972)

280 N.E.2d 400

FIRST NATIONAL BANK OF CAPE COD vs. BOARD OF BANK INCORPORATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 10, 1972.

Attorney(s) appearing for the Case

Harold Lavien (Carl E. Axelrod with him) for First National Bank of Cape Cod.

Thomas J. Kelly for Cape Cod Bank and Trust Company.

Robert J. Condlin, Assistant Attorney General, for Board of Bank Incorporation.

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & BRAUCHER, JJ.

REARDON, J.

This bill brought under G.L.c. 231A by the First National Bank of Cape Cod (the First) seeks a binding declaration that the defendant Board of Bank Incorporation (the board) committed error in granting the petition of the defendant Cape Cod Bank and Trust Company (Cape Cod Bank) "to establish and operate a branch office in ... Provincetown." The petition of the Cape Cod Bank was opposed by the First at a hearing

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