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DAKOTA NAT. BANK, ETC. v. FIRST NAT. BANK, ETC.

No. A3-75-40.

414 F.Supp. 1161 (1976)

DAKOTA NATIONAL BANK AND TRUST CO., a National Banking Association, Plaintiff, v. FIRST NATIONAL BANK AND TRUST COMPANY OF FARGO, a National Banking Association and James Smith, Comptroller of the Currency, Defendants.

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

June 18, 1976.

Attorney(s) appearing for the Case

John D. Kelly, Vogel, Vogel, Brantner & Kelly, Fargo, N.D., for plaintiff.

Charles A. Feste, Conmy, Feste & Bossart, Ltd., Fargo, N.D., for First Nat. Bank; Rodger Nordbye, Faegre & Benson, Minneapolis, Minn., of counsel.

Harold O. Bullis, U.S. Atty., Fargo, N.D., for James Smith; Rex E. Lee, Asst. Atty. Gen., Harland F. Leathers, Susan P. Engleman, Dept. of Justice, Dorothy S. Kulig, Gary L. Ryan, Office of Comptroller of Currency, Washington, D.C., of counsel.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

STATEMENT OF THE CASE

On May 9, 1975, the Comptroller of the Currency (Comptroller), after an adversary hearing, approved the application of Defendant First National Bank and Trust Company of Fargo, a National Banking Association (First National), to establish a branch on South University Drive in Fargo, about three miles away from its banking house. Plaintiff Dakota National Bank and Trust...

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