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FIRST NAT. BANK, ETC. v. ABERDEEN NAT. BANK

CIV 79-1013.

471 F.Supp. 460 (1979)

FIRST NATIONAL BANK OF ABERDEEN, and First National Bank of Aberdeen, Redfield Branch, a National Banking Corporation, Plaintiff, v. ABERDEEN NATIONAL BANK, also using name First Bank (N.A.) Aberdeen, and the Spink County Branch of the Aberdeen National Bank, also using name First Bank (N.A.) Redfield, Defendant.

United States District Court, D. South Dakota, N. D.

June 15, 1979.

Attorney(s) appearing for the Case

Lloyd C. Richardson, Jr., of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, S. D., for plaintiff.

R. D. Miller, Aberdeen, S. D., and David A. Ranheim, of Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

The plaintiff has filed a motion to remand the case to State Circuit Court and the defendant has filed a motion to dismiss pursuant to F.R.Civ.P. 12(b)(6). For reasons set out in this opinion, the plaintiff's motion to remand the case to State Circuit Court is denied and the defendant's motion to dismiss is granted.

WHO'S ON FIRST

This dispute arises out of the use of the word "First" in the name...

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