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STATE OF SOUTH DAKOTA v. NATIONAL BANK OF SOUTH DAKOTA

Civ. No. 1353.

219 F.Supp. 842 (1963)

STATE OF SOUTH DAKOTA, Plaintiff, v. The NATIONAL BANK OF SOUTH DAKOTA, Sioux Falls, and First Bank Stock Corporation, Defendants.

United States District Court D. South Dakota, S. D.

July 17, 1963.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., and Joe Bottum, III, Asst. Atty. Gen., Pierre, S. D., for plaintiff.

M. T. Woods, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., and Curtis L. Roy, of Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn., for defendants.

Roswell Bottum, Rapid City, S. D. (Horace R. Hansen, of Hansen, Hazen & Lynch, St. Paul, Minn., was with him on the brief), for Independent Bankers Association as amicus curiae.

Roswell Bottum, Rapid City, S. D., also appeared in behalf of the South Dakota Independent Bankers Association as an amicus curiae.

MICKELSON, Chief Judge.

This is an action brought by the State of South Dakota against the National Bank of South Dakota, Sioux Falls, South Dakota, and First Bank Stock Corporation, Minneapolis, Minnesota. Hereinafter the defendants will be referred to as the National Bank and First Bank Stock.

For reasons that will be discussed more fully later, the Court is of the opinion that the action arises under a law of the United States and that jurisdiction is based...

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