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HEMPSTEAD BANK v. SMITH

No. 75 Civ. 171-LFM.

407 F.Supp. 31 (1976)

HEMPSTEAD BANK, Plaintiff, v. James E. SMITH, Comptroller of the Currency of the United States, and the Chase Manhattan Bank National Association, Defendants.

United States District Court, S. D. New York.

February 4, 1976.

Attorney(s) appearing for the Case

Dalton & Henoch by Gilbert Henoch, Hempstead, for plaintiff.

Milbank, Tweed, Hadley & McCloy by Andrew J. Connick, New York City, for The Chase Manhattan Bank, National Association.

Paul J. Curran, U. S. Atty., for the Southern District of New York by Nathaniel L. Gerber, Asst. U. S. Atty., New York City, for Comptroller.

OPINION

MacMAHON, District Judge.

This action to set aside a decision of the Comptroller of the Currency, approving the application of The Chase Manhattan Bank ("Chase"), to establish a branch in Locust Valley, Nassau County, New York, is presently before us on cross-motions for summary judgment. Rule 56 Fed.R.Civ.P. Plaintiff, invoking the Administrative Procedure Act, 5 U.S.C. § 706, seeks review of the Comptroller's decision, contending that the...

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