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SMITH v. SMITH

No. CIV-76-0525-E.

431 F.Supp. 898 (1977)

C. W. SMITH, Jerry Black, James C. Meade, Jack Schwab, William C. Brown, Don W. Fitzgerald, Paul Hudiburg and Jon Conrad, organizers of First Hefner Bank, a state chartered banking institution, Plaintiffs, v. James E. SMITH, Comptroller of the Currency of the United States of America, Defendant.

United States District Court, W. D. Oklahoma.

May 20, 1977.

Attorney(s) appearing for the Case

Jerry R. Nichols and Thomas P. Nally of Kothe, Nichols & Wolfe, Inc., Tulsa, Okl., and Robert H. Mitchell, Oklahoma City, Okl., for plaintiffs.

John E. Green, Acting U. S. Atty., and William S. Price, Asst. U. S. Atty., Oklahoma City, Okl., and Marilyn D. Britwar and Dorothy Kulig, Attys., Comptroller of the Currency, Washington, D. C., for defendant.

MEMORANDUM OPINION AND ORDER

EUBANKS, District Judge.

Action arising out of the approval of a national bank application, plaintiffs seeking injunctive and declaratory relief. The matter is now before the court on counter-motions for summary judgment.1

Scope of Review

The scope of judicial review of a determination of the Comptroller is whether the action taken was arbitrary, capricious, an abuse of discretion...

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