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FIRST AMERICAN BANK & TRUST COMPANY v. ELLWEIN

No. A1-75-2.

397 F.Supp. 810 (1975)

FIRST AMERICAN BANK & TRUST COMPANY et al., Plaintiffs, v. G. W. ELLWEIN, Commissioner, State Examiner, and Chairman of the State Banking Board, et al., Defendants.

United States District Court, D. North Dakota, Southwestern Division.

March 4, 1975.

Attorney(s) appearing for the Case

Frederick E. Saefke, Jr., Bismarck, N. D.; and Irvin B. Nodland, Lundberg, Nodland & Schulz, Bismarck, N. D., for plaintiffs.

Allen I. Olson, Atty. Gen., and Frank F. Jestrab and John R. Gordon, Sp. Asst. Attys. Gen., Williston, N. D., for defendants.

Before BRIGHT, Circuit Judge, BENSON, Chief District Judge, and VAN SICKLE, District Judge.

PER CURIAM:

MEMORANDUM and ORDER OF DISMISSAL

The Plaintiffs seek a judgment declaring unconstitutional the statutory authority for the North Dakota State Banking Board, N.D.C.C. §§ 6-01-01, -03-, -09 (1959 and Supp.1973), or the exercise of that authority by the Board, and permanently enjoining the Board from enforcing any actions taken pursuant to this authority.

The Plaintiff, First American Bank & Trust Company (FAB), a North Dakota...

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