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FIRST NAT. BANK OF MILACA v. SMITH

No. 6-76-Civ-229.

445 F.Supp. 1117 (1977)

The FIRST NATIONAL BANK OF MILACA, Plaintiff, v. James E. SMITH, Comptroller of the Currency of the United States, Defendant.

United States District Court, D. Minnesota, Sixth Division.

May 31, 1977.

Attorney(s) appearing for the Case

Fred J. Hughes and Kevin J. Hughes, Hughes, Hughes, Thoreen & Sullivan, St. Cloud, Minn., for plaintiff.

Robert G. Renner, U. S. Atty., Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., Rex E. Lee, Asst. Atty. Gen., David J. Anderson, and R. Joseph Sher, Trial Atty., Dept. of Justice, and James V. Elliott, Office of the Comptroller of the Currency, Washington, D. C., for defendant.

MEMORANDUM and ORDER

DEVITT, Chief Judge.

In this action for monetary and injunctive relief, plaintiff petitions the court to review the regulation recently promulgated by the Comptroller of the Currency which altered the method of assessing national banks for the costs of bank examinations conducted by the Comptroller. The matter was initially presented on cross motions for summary judgment. Previously, on...

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