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INDEPENDENT BANKERS ASS'N OF AMERICA v. SMITH

Civ. A. No. 75-0089.

402 F.Supp. 207 (1975)

INDEPENDENT BANKERS ASSOCIATION OF AMERICA, et al., Plaintiffs, v. James E. SMITH, Comptroller of the Currency of the United States, Defendant.

United States District Court, District of Columbia.

July 31, 1975.

Attorney(s) appearing for the Case

Meyer Eisenberg, Leonard J. Rubin, Washington, D. C., for plaintiffs.

C. Westbrook Murphy, Deputy Chief Counsel, Dept. of Treasury, Washington, D. C., Charles I. Wikelius, Sp. Asst. Atty. Gen., Banking Div., St. Paul, Minn., David C. Shonka, Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

AUBREY E. ROBINSON, Jr., District Judge.

By this action Plaintiffs seek judicial review of an interpretative ruling of the Comptroller of the Currency of the United States which held that a customer-bank communication terminal (CBCT), if established offpremises, is not a "branch" within the meaning of 12 U.S.C. § 36(f) (hereinafter the McFadden Act1). Generally speaking, a CBCT is a mechanism utilizing...

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