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WHITNEY NAT. BANK v. BANK OF NEW ORLEANS & TRUST CO.

Nos. 17672, 17681.

323 F.2d 290 (1963)

WHITNEY NATIONAL BANK IN JEFFERSON PARISH, Appellant, v. BANK OF NEW ORLEANS AND TRUST COMPANY et al., Appellees. James J. SAXON, Comptroller of the Currency, Appellant, v. BANK OF NEW ORLEANS AND TRUST COMPANY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided August 14, 1963.

Petition for Rehearing Denied October 17, 1963.

Attorney(s) appearing for the Case

Mr. Dean Acheson, Washington, D. C., with whom Messrs. W. Graham Claytor, Jr., and Brice M. Clagett, Washington, D. C., were on the brief, for appellant in No. 17,672.

Mr. David L. Rose, Atty., Dept. of Justice, with whom Messrs. David C. Acheson, U. S. Atty., and Joseph D. Guilfoyle, Director of Operations, Civil Div., Dept. of Justice, and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellant in No. 17,681.

Mr. Edward L. Merrigan, Washington, D. C., for appellee Bank of New Orleans & Trust Co. and certain other appellees.

Mr. Bentley G. Byrnes, New Orleans, La., with whom Mr. Edward L. Merrigan, Washington, D. C., was on the brief, for appellee Louisiana State Bank Commissioner.

Mr. James F. Bell, Washington, D. C., filed a brief on behalf of the National Ass'n of Supervisors of State Banks, as amicus curiae, urging affirmance.

Before WILBUR K. MILLER, WASHINGTON and DANAHER, Circuit Judges.

Petition for Rehearing En Banc Denied October 17, 1963.

WILBUR K. MILLER, Circuit Judge.

The City of New Orleans, Louisiana, is conterminous with the Parish of Orleans in which it is located. It is south of and adjacent to that part of Jefferson Parish which lies east of the Mississippi River. The latter is a populous area, already commercially and industrially active, in which further development is expected to be rapid and extensive.

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