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OLD KENT BANK AND TRUST COMPANY v. MARTIN

No. 15244.

281 F.2d 61 (1960)

OLD KENT BANK AND TRUST COMPANY, Appellant, v. William McC. MARTIN, Jr., individually and as Chairman of the Board of Governors of the Federal Reserve System, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 28, 1960.

Petition for Rehearing Denied September 9, 1960.

Attorney(s) appearing for the Case

Mr. Gerhard A. Gesell, Washington, D. C., with whom Messrs. Henry T. Rathbun and Hamilton Carothers, Washington, D. C., were on the brief, for appellant.

Mr. John G. Laughlin, Jr., Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub and Messrs. Oliver Gasch, U. S. Atty., and Samuel D. Slade, Atty., Dept. of Justice, were on the brief, for appellees.

Mr. James F. Bell, Washington, D. C., filed a brief on behalf of National Association of Supervisors of State Banks, as amicus curiae, urging reversal.

Before EDGERTON, WASHINGTON and DANAHER, Circuit Judges.

Circuit Judge Washington would grant rehearing.

EDGERTON, Circuit Judge.

Appellant is a State bank and a member of the Federal Reserve System. It was formed by a merger or consolidation, "under the charter" of a predecessor State bank and under State law, between that predecessor and a national bank. It proposes to operate branches that were operated, until the merger, by the national bank.

Section 9 of the Federal Reserve Act, as amended, provides...

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