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COMMUNITY BANKERS ASS'N v. CLARKE

No. IP90-335C.

766 F.Supp. 1519 (1990)

COMMUNITY BANKERS ASSOCIATION OF INDIANA, INC., Plaintiff, v. Robert L. CLARKE in his official capacity as the Comptroller of the Currency of the United States, and the Indiana National Bank, Defendants. The DEPARTMENT OF FINANCIAL INSTITUTIONS OF the STATE OF INDIANA, Plaintiff, v. Robert L. CLARKE, Comptroller of the Currency of the United States, and Indiana National Bank, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

December 13, 1990.

Attorney(s) appearing for the Case

Terry G. Duga, Office of the Atty. Gen., Indianapolis, Ind., for Dept. of Financial Institutions of State of Ind.

Jon D. Krahulik, Jonathan L. Birge, Nana Quay-Smith, Bingham, Summers, Welsh & Spilman, Indianapolis, Ind., for Community Bankers Ass'n of Indiana, Inc.

Thomas A. Withrow, B. Keith Shake, David J. Bodle, Richard R. Dykhouse, Henderson, Daily, Withrow & Devoe, Indianapolis, Ind., for Indiana Nat. Bank.

Marcia K. Sowles, Theodore C. Hirt, Dept. of Justice, Civ. Div., Washington, D.C., Deborah J. Daniels, Jeffrey L. Hunter, Office of U.S. Atty., Indianapolis, Ind., for Comptroller of the Currency.

ENTRY

BARKER, District Judge.

At issue in this litigation is the propriety of the Comptroller of the Currency's approval of an application by defendant Indiana National Bank to open a branch bank in Monroe County, Indiana. Currently before the court are motions by each of the parties for summary judgment.1 For the reasons discussed below, the motions of the defendants are granted...

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