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  5. 736 F.Supp. 1021 (1990)
 

INDEPENDENT BANKERS ASS'N OF AMERICA v. CLARKE

Nos. 89-4027-CV-C-9, 89-4029-CV-C-5-9.

736 F.Supp. 1021 (1990)

INDEPENDENT BANKERS ASSOCIATION OF AMERICA, et al., Plaintiffs, v. Robert L. CLARKE, et al., Defendants. STATE OF MISSOURI, ex rel., et al., Plaintiffs, v. Robert L. CLARKE, et al., Defendants.

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

May 4, 1990.

Attorney(s) appearing for the Case

Leonard J. Rubin, Bracewell & Patterson, Washington, D.C., and Robert R. Raymond, John M. Kilroy, Jr. and Shugart, Thomson & Kilroy, Kansas City, Mo., for Independent Bankers Ass'n of America, et al.

Bruce H. Beckett, Columbia, Mo., for First Nat. Bank & Trust Co.

Vaughan Finn, Washington, D.C., for Robert L. Clarke, Comptroller in No. 89-4027-CV-C-9.

Michael Boicourt, Atty. General's Office, and Irven L. Friedhoff, Jefferson City, Mo., for State of Mo., ex rel.

Francis Reddis, Asst. U.S. Atty., for Robert L. Clarke, Comptroller in No. 89-4029-CV-C-5-9.

ORDER REAFFIRMING PREVIOUS ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

BARTLETT, District Judge.

On January 26, 1989, the Comptroller of the Currency (Comptroller) approved the applications of First National Bank and Trust Company, Columbia, Missouri (FNB), to establish two branch offices outside its home county. In ruling on these applications, the Comptroller used a functional definition of the term "state bank" and concluded that Missouri savings...

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