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STATE OF N. D. v. MERCHANTS NAT. BANK & TRUST

Civ. No. A77-3017.

466 F.Supp. 953 (1979)

The STATE OF NORTH DAKOTA, doing business as the Bank of North Dakota, Plaintiff, v. MERCHANTS NATIONAL BANK AND TRUST COMPANY, FARGO, NORTH DAKOTA, Red River National Bank and Trust Company, Grand Forks, North Dakota, Jamestown National Bank, Jamestown, North Dakota, Wahpeton National Bank, Wahpeton, North Dakota, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

March 21, 1979.

Attorney(s) appearing for the Case

Maurice E. Cook, Sp. Asst. Atty. Gen. & Gen. Counsel for Bank of North Dakota, Bismarck, N. D., for plaintiff.

Frank J. Magill, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., (David A. Ranheim and Paul J. Scheerer, Dorsey, Marquart, Windhorst, West & Halladay, Minneapolis, Minn., of counsel), for defendant Banks.

James S. Britton, U. S. Atty., Fargo, N. D. (Dorothy S. Kulig and Marilyn Britwar, Comptroller of Currency, Director of Litigation, Washington, D. C., of counsel), for Comptroller.

ORDER

BENSON, Chief Judge.

In 1976 defendant banks in this action applied to the Comptroller of the Currency for approval of their proposed name changes, pursuant to 12 U.S.C. § 30. The Comptroller approved the name changes on February 11, 1977. This action was filed on March 14, 1977, naming as defendants the banks applying for a change of name and the Comptroller. Plaintiff moved for a preliminary injunction. After oral argument before the court the...

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