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SECURITY BANK & TRUST CO. v. HEIMANN

No. C-78-98-S.

452 F.Supp. 776 (1978)

SECURITY BANK AND TRUST COMPANY, Plaintiff, v. John HEIMANN, Comptroller of the Currency of the United States and First National Bank of Albemarle, Defendants.

United States District Court, M. D. North Carolina, Salisbury Division.

May 25, 1978.

Attorney(s) appearing for the Case

John R. Jordan, Jr., and William R. Hoke, of Jordan, Morris & Hoke, Raleigh, N. C., for plaintiff.

H. M. Michaux, Jr., U. S. Atty., Greensboro, N. C., Gary L. Ryan, and Marilyn D. Britwar, Washington, D. C., for John Heimann.

Richard Lane Brown, III, of Brown, Brown & Brown, Albemarle, N. C., Russell M. Robinson, II, and Michael A. Almond, of Fleming, Robinson & Bradshaw, Charlotte, N. C., for First National Bank of Albemarle.

MEMORANDUM OPINION

HIRAM H. WARD, District Judge.

This action was commenced when Security Bank and Trust Company (Security), a state banking association chartered under the laws of the State of North Carolina, filed a complaint in this court for declaratory and injunctive relief. Security seeks to overturn the approval of the Comptroller of the Currency (Comptroller) of an application filed by First National Bank of Albemarle (FNB of Albemarle) for permission...

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