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FIRST NAT. BANK OF LA MARQUE v. SMITH

Civ. A. No. 76-G-51.

436 F.Supp. 824 (1977)

FIRST NATIONAL BANK OF LA MARQUE, Texas National Bank of Baytown, First National Bank of Deer Park, First National Bank of Bellaire, and Madison-Southern National Bank, Plaintiffs, v. James E. SMITH, Comptroller of the Currency, the State Insurance Board of the State of Texas and its Members, Joe Christi, Ned Price and Durwood Manford, Jr., Defendants.

United States District Court, S. D. Texas, Galveston Division.

August 24, 1977.

Attorney(s) appearing for the Case

James Patrick Cooney, Royston, Rayzor, Vickery & Williams, Houston, Tex., for plaintiffs.

William L. Bowers, Jr., Asst. U. S. Atty., Houston, Tex., for defendant.

Thomas M. Pollan, Thomas A. Rutledge, Asst. Attys. Gen., Austin, Tex., for Insurance Board.

MEMORANDUM OPINION

COWAN, District Judge.

Issues:

The judgment of this Court, attached hereto as Exhibit A, itemizes the documentary material presented to the Court and the procedural posture. The key issues are:

1. Is this controversy "ripe" for judicial determination? 2. Has the Comptroller acted unlawfully in demanding that the officers and principal shareholders of plaintiff banks terminate practices relating to credit...

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