No. 427.

347 U.S. 373 (1954)


Supreme Court of United States.

Decided April 5, 1954.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr. argued the cause for appellant. With him on the brief were F. Gloyd Awalt, W. V. T. Justis, Keith Kelly and Sidney Friedman.

By special leave of Court, Solicitor General Sobeloff argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Assistant Attorney General Burger, Marvin E. Frankel and Melvin Richter.

Daniel M. Cohen, Assistant Attorney General of New York, argued the cause for appellee. With him on the brief were Nathaniel L. Goldstein, Attorney General, and Wendell P. Brown, Solicitor General.

Peter Keber filed a brief for the New York State Bankers Association, as amicus curiae, urging reversal.

Fred N. Oliver and Michael F. McCarthy filed a brief for the Savings Banks Association of the State of New York, as amicus curiae, supporting appellee.

Opinion of the Court by MR. JUSTICE JACKSON, announced by MR. JUSTICE FRANKFURTER.

This appeal from the Court of Appeals of New York presents the narrow question whether federal statutes which authorize national banks to receive savings deposits conflict with New York legislation which prohibits them from using the word "saving" or "savings" in their advertising or business. We think the federal and state statutes are incompatible, and in such circumstances the policy...

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