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FIRST STATE BANK, ETC. v. BANK OF AMERICA, ETC.

Nos. 78-1664, 77-3486.

618 F.2d 603 (1980)

FIRST STATE BANK OF NORTHERN CALIFORNIA et al., Plaintiffs-Appellants, v. BANK OF AMERICA, N.T. & S.A., et al., Defendants-Appellees. FIRST STATE BANK OF NORTHERN CALIFORNIA et al., Plaintiff-Appellants, v. BANK OF AMERICA, N.T. & S.A., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 19, 1980.

Attorney(s) appearing for the Case

Thomas R. Fahrner, Furth, Fahrner & Wong, San Francisco, Cal., for First State Bank.

Tyler B. Pon, San Francisco, Cal., argued for defendants-appellees; George A. Cumming, San Francisco, Cal., Everett B. Clary, Los Angeles, Cal., Jeffrey W. Shopoff, Randall P. Borcherding, San Francisco, Cal.

Before BROWNING, TRASK and GOODWIN, Circuit Judges.

PER CURIAM.

First State Bank of Northern California (FSB) appeals the district court's dismissal of its action based upon antitrust, constitutional, and pendent state law claims against the California Superintendent of Banking and eight banks. The district court held that FSB, then in receivership, had no standing to bring the action. We affirm.

On May 21, 1976, Carl Schmitt, the California Superintendent of Banking, acting pursuant to California law, Cal...

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