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INDEPENDENT BANKERS ASS'N OF AMERICA v. CLARKE

Nos. 89-4027-CV-C-9, 89-4029-CV-C-9.

743 F.Supp. 687 (1989)

INDEPENDENT BANKERS ASSOCIATION OF AMERICA, Missouri Independent Bankers Association and The Callaway Bank, Plaintiffs, v. Robert L. CLARKE, Comptroller of the Currency of the United States and First National Bank & Trust Company, Columbia, Missouri, Defendants. STATE OF MISSOURI, EX REL., Thomas B. FITZSIMMONS, Commissioner of Finance, Plaintiff, v. Robert L. CLARKE, Comptroller of the Currency of the United States and First National Bank & Trust Company, Columbia, Missouri, Defendants.

United States District Court, W.D. Missouri, C.D.

November 15, 1989.

Attorney(s) appearing for the Case

Michael L. Boicourt, Missouri Atty. Gen.'s Office, Jefferson City, Mo., for plaintiffs.

Frances E. Reddis, U.S. Atty's Office, Kansas City, Mo., for Robert L. Clarke.

Bruce H. Beckett, Smith, Lewis, Beckett & Powell, Columbia, Mo., for First Natl. Bank.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

BARTLETT, District Judge.

I. Background

On July 1, 1987, defendant First National Bank & Trust Company (FNB) filed with the Comptroller of the Currency of the United States (Comptroller) an application to establish a domestic branch office in a Jefferson City supermarket. FNB filed a similar application on July 8, 1987, to open a second domestic branch office in a Fulton, Missouri...

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