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VOLUNTEER STATE BANK v. NATIONAL BANK OF COMMERCE

No. 3-87-0800.

684 F.Supp. 964 (1988)

VOLUNTEER STATE BANK, and the Farmers Bank v. NATIONAL BANK OF COMMERCE, and Robert L. Clarke, Comptroller of the Currency of the United States.

United States District Court, M.D. Tennessee, Nashville Division.

May 5, 1988.

Attorney(s) appearing for the Case

Joseph S. Reeves, III, LaDon Baltimore, Broemel, Reeves and Baltimore, Nashville, Tenn., for Volunteer State Bank.

Jef Feibelman, John A. Stemmler, Kathy Hayek, Burch, Porter & Johnson, Memphis, Tenn., for National Bank of Commerce.

Carl Douglas Thoresen, Asst. U.S. Atty., L. Robert Griffin, Madonna K. Starr, Office of Comptroller of the Currency, Washington, D.C., for Robert L. Clarke.

MEMORANDUM

WISEMAN, Chief Judge.

On October 2, 1987, the Comptroller of the Currency of the United States approved applications of the National Bank of Commerce, (NBC), a national banking association located in Shelby County, Tennessee, to establish five branches outside its home county. Plaintiffs, Volunteer State Bank (Volunteer) and The Farmers Bank (Farmers), state chartered banks of Sumner County, Tennessee, brought suit in this Court seeking a permanent...

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