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NORTH DAVIS BANK v. FIRST NATIONAL BANK OF LAYTON

No. 71-1199.

457 F.2d 820 (1972)

NORTH DAVIS BANK, a Corporation, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF LAYTON, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 27, 1972.

Attorney(s) appearing for the Case

K. Roger Bean, Layton, Utah, for plaintiff-appellant.

J. Thomas Greene, Salt Lake City, Utah, for defendant-appellee.

Before LEWIS, Chief Judge, and PICKETT and DOYLE, Circuit Judges.

PICKETT, Circuit Judge.

In 1970, the First National Bank of Layton, Utah began construction of a building across the street from its principal banking house, intending to use such as a drive-in window facility for receiving deposits and cashing checks. Plaintiff North Davis Bank, a state bank, brought this action in state court seeking to enjoin the completion of the building and its use in connection with the business of the First National, contending that the facility...

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