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STATE OF COLO. EX REL. ST. BANK. BD. v. FIRST NAT. BK.

Civ. A. No. 75-M-397.

394 F.Supp. 979 (1975)

STATE OF COLORADO ex rel. STATE BANKING BOARD, and Harry Bloom, State Bank Commissioner and Chairman, State Banking Board, Plaintiffs, v. FIRST NATIONAL BANK OF FORT COLLINS, and James E. Smith, Comptroller of the Currency of the United States, Defendants.

United States District Court, D. Colorado.

May 28, 1975.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Tennyson W. Grebenar, and Ruthanne Gartland, Asst. Attys. Gen., Denver, Colo., for plaintiffs.

Ward H. Fischer, William H. Brown and Ronald W. Rutz, Fort Collins, Colo., for defendant First National Bank, Fort Collins Colorado.

James L. Treece, U. S. Atty., and Douglas D. Doane, Asst. U. S. Atty., Denver, Colo., Irving Jaffe, Acting Asst. Atty. Gen., Harland F. Leathers and David C. Shonka, Attys., Dept. of Justice, Washington, D. C., and C. Westbrook Murphy, Deputy Chief Counsel, Comptroller of the Currency, Washington, D. C., for defendant James E. Smith, Comptroller of the Currency of the United States.

MEMORANDUM OPINION AND ORDER

MATSCH, Judge.

This is an action by the State of Colorado on the relation of its State Banking Board and State Bank Commissioner for a declaratory judgment and permanent injunction. Plaintiff claims that defendant First National Bank, Fort Collins, is conducting branch banking operations contrary to both Federal and Colorado law at its 3000 South College location, and the defendant Comptroller's interpretive ruling, which authorizes...

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