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AMERICAN BANK OF TULSA v. SMITH

Nos. 74-1082, 74-1083.

503 F.2d 784 (1974)

AMERICAN BANK OF TULSA, Plaintiff-Appellant, John L. Arrington, Jr., et al., Applicants for Intervention-Appellants, v. James E. SMITH, Comptroller of the Currency, Defendant-Appellee, and Floyd A. Calvert, Jr., et al., Intervenors-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 4, 1974.

Attorney(s) appearing for the Case

Jack R. Givens of Jones, Givens, Brett, Gotcher, Doyle & Atkins, Inc., Tulsa, Okl. (Thomas R. Brett, Tulsa, Okl., on the brief), for plaintiff-appellant.

John L. Arrington, Jr. of Huffman, Arrington, Scheurich & Kihle, Tulsa, Okl. (John A. Gaberino, Jr. and J. Clarke Kendall II, Tulsa, Okl., on the brief), for intervention-appellants.

Judith H. Norris, Atty., Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., Nathan G. Graham, U. S. Atty., and Robert E. Kopp, Atty., Dept. of Justice, on the brief), for defendant-appellee.

William C. Anderson of Doerner, Stuart, Saunders, Daniel & Langenkamp, Tulsa, Okl. (Dickson M. Saunders, Tulsa, Okl., on the brief), for intervenors-defendants-appellees.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The question here presented is whether the trial court erred in granting the motion for summary judgment of the above named defendants and in holding that the action of the Comptroller in issuing a bank charter was valid and, secondly, whether the court was required to consider contentions that the bank to which the charter was issued, namely Union, was in truth a subsidiary of a bank holding company. The defendants-intervenors in...

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