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STATE OF TEXAS v. NATIONAL BANK OF COMMERCE OF SAN ANTONIO

No. 18747.

290 F.2d 229 (1961)

STATE OF TEXAS ex rel. J. M. FALKNER, Banking Commissioner of Texas, Appellant, v. NATIONAL BANK OF COMMERCE OF SAN ANTONIO, TEXAS, and Broadway National Bank of Alamo Heights, Texas, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 15, 1961.

Attorney(s) appearing for the Case

C. K. Richards, Asst. Atty. Gen., Austin, Tex., Will Wilson, Atty. Gen. of Texas, for appellant.

Robert J. Hearon, Jr., Ireland Graves, Austin, Tex., John J. Cox, San Antonio, Tex., G. W. Parker, Jr., Fort Worth, Tex., for appellees.

William H. Orrick, Jr., Asst. Atty. Gen., Russell B. Wine, U. S. Atty., San Antonio, Tex., John G. Laughlin, W. Harold Bigham, Attorneys, Department of Justice, Washington, D. C., amicus curiae.

Before TUTTLE, Chief Judge, and HUTCHESON and BROWN, Circuit Judges.

TUTTLE, Chief Judge.

Appellant brought actions in the nature of quo warranto proceedings against the appellees, the National Bank of Commerce of San Antonio and the Broadway National Bank of Alamo Heights, in the District Court of Travis County, Texas, by which actions it sought to determine whether the appellees were exercising powers not conferred upon them by their charters and allegedly prohibited by the Constitution...

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