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CLOVIS NATIONAL BANK v. CALLAWAY

No. 6825.

364 P.2d 748 (1961)

69 N.M. 119

CLOVIS NATIONAL BANK, The Carlsbad National Bank, The Lovington National Bank, The First National Bank in Artesia, and All Other National Banks Within the State of New Mexico Similarly Situated, Plaintiffs-Appellants and Cross-Appellees, v. Joe CALLAWAY, Individually, and as State Treasurer of the State of New Mexico, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

August 30, 1961.

Attorney(s) appearing for the Case

Seth, Montgomery, Federici & Andrews, Santa Fe, for appellants.

Hilton A. Dickson, Jr., Atty. Gen., Philip R. Ashby, Sp. Asst. Atty. Gen., for appellee.

MOISE, Justice.

Plaintiffs, being several national banks doing business in New Mexico, sought an injunction for themselves and all others similarly situated to prevent enforcement of Chap. 132, N.M.S.L. 1959 (Secs. 22-22-1 to 22-22-29, N.M.S.A. 1953, pocket supp.) alleging that the same is unconstitutional, and also that it attempts to authorize visitorial powers by a state official over a national bank in violation of the National Banking Act (Title 12, Sec. 484...

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