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AMERICAN TRUST CO., INC. v. SOUTH CAROLINA ST. BD. OF BK. CON.

Civ. No. 73-637.

381 F.Supp. 313 (1974)

AMERICAN TRUST COMPANY, INC., et al., Plaintiffs, v. SOUTH CAROLINA STATE BOARD OF BANK CONTROL et al., Defendants.

United States District Court, D. South Carolina, Columbia Division.

Decided September 3, 1974.

Attorney(s) appearing for the Case

Lawrence F. Noble, John V. Austin, Metzger, Noble, Schwarz & Kempler, Washington, D.C., John J. Spratt, Spratt, McKeown & Spratt, York, S. C., for plaintiffs.

Daniel R. McLeod, Atty. Gen. of S. C., Bruce E. Davis, Asst. Atty. Gen., Columbia, S. C., Charles W. Knowlton, John H. Lumpkin, Jr., J. Donald Dial, Jr., Boyd, Knowlton, Tate & Finlay, Columbia, S. C., for defendants.

Before BUTZNER and FIELD, Circuit Judges, and MARTIN, District Judge.

BUTZNER, Circuit Judge:

The NCNB Corporation, a North Carolina bank holding company, and two of its wholly owned subsidiaries, North Carolina National Bank and American Trust Company, Inc., brought this action against the South Carolina State Board of Bank Control and various state officials for a declaration that South Carolina Code § 8-580, and portions of §§ 19-592 and 67-53(a)(3) and (4) (1972 Supp.) are unconstitutional and for an injunction restraining...

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