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FIRST NATIONAL BANK IN BILLINGS v. FIRST BANK STOCK CORP.

No. 17403.

306 F.2d 937 (1962)

FIRST NATIONAL BANK IN BILLINGS, a National Banking Association, Security Trust & Savings Bank, a Corporation, and The Yellowstone Bank, a Corporation, Appellants, v. FIRST BANK STOCK CORPORATION, a Corporation, Midland National Bank in Billings, a National Banking Association, and Valley State Bank, an Ostensible Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

August 14, 1962.

Attorney(s) appearing for the Case

Kirkland, Ellis, Hodson, Chaffetz & Masters, and Howard Ellis, John L. Bordes and James E. Beaver, Chicago, Ill., and Luxan & Scribner, H. J. Luxan, Jr., and A. W. Scribner, and Walter S. Murfitt, all of Helena, Mont., for appellants.

Dorsey, Owen, Marquart, Windhorst & West, and W. F. Marquart, and Curtis L. Roy, Minneapolis, Minn., and Cooke, Moulton, Bellingham & Longo, F. D. Moulton, B. E. Longo, and W. R. McNamen, Billings, Mont., for appellees.

Before CHAMBERS, JERTBERG and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

Appellants, plaintiffs below, are three banks, two (one national, one state) located in Billings, Montana, and one (also a state bank) located in nearby Laurel. When suit was brought, there were two other banks open for business in Billings. One, appellee-defendant, Midland National Bank in Billings (Midland), a national bank, is a subsidiary of appellee-defendant First Bank Stock Corporation, a bank holding company. The other, Billings State...

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