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FIRST NAT. BANK, ETC. v. NATIONAL BANK OF S. D.

No. CIV 79-4057.

517 F.Supp. 1296 (1981)

The FIRST NATIONAL BANK IN SIOUX FALLS, a National Banking Corporation, Plaintiff, v. NATIONAL BANK OF SOUTH DAKOTA and all its Branches using the name of First Bank of South Dakota (N.A.) — Sioux Falls, a National Banking Corporation, and John G. Heimann, Comptroller of the Currency, Defendants.

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

July 16, 1981.

Attorney(s) appearing for the Case

Michael F. Pieplow of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for plaintiff.

M. T. Woods of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D. and David A. Ranheim of Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., for defendant National Bank of South Dakota.

Bonnie P. Ulrich, Asst. U. S. Atty., Sioux Falls, S. D., for defendant Heimann.

MEMORANDUM DECISION

NICHOL, Senior District Judge.

The present action is before the Court on the defendants' motions for summary judgment. The plaintiff First National Bank in Sioux Falls (First Sioux Falls) challenges the decision of the defendant Comptroller of the Currency (Comptroller) allowing the defendant National Bank of South Dakota (National Bank) to change its name to First Bank of South Dakota (N...

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