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AMERICAN SOCIETY OF TRAVEL AGENTS, INC. v. SMITH

Civ. A. No. 75-0370.

409 F.Supp. 376 (1976)

AMERICAN SOCIETY OF TRAVEL AGENTS, INC., Plaintiff, v. James E. SMITH, Comptroller of the Currency, Defendant.

United States District Court, District of Columbia.

March 3, 1976.

Attorney(s) appearing for the Case

Paul S. Quinn, Edward M. Fogarty, Washington, D. C., for plaintiff.

Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Harland F. Leathers, Eugene R. Sullivan, Attys., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

WILLIAM B. JONES, Chief Judge.

Plaintiff in this action seeks declaratory and injunctive relief in the nature of mandamus against the Comptroller of the Currency. The controversy revolves around an Interpretive Ruling issued by the Comptroller in 1963 pursuant to the National Bank Act, 12 U.S.C. § 21 et seq., which prior to its rescission provided:

Incident to those powers vested in them under 21 U.S.C. 24, national banks...

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