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WALKER BANK & TRUST COMPANY v. SAXON

No. C 137-63.

234 F.Supp. 74 (1964)

WALKER BANK & TRUST COMPANY, a Corporation, Plaintiff, v. James J. SAXON, Comptroller of the Currency, and the First National Bank of Logan, of Logan, Utah, a National Banking Association, Defendants.

United States District Court D. Utah, N. D.

September 30, 1964.

Attorney(s) appearing for the Case

Joseph S. Jones, and C. E. Henderson, of Ray, Rawlins, Jones & Henderson, Salt Lake City, Utah, for plaintiff.

John W. Douglas, Asst. Atty. Gen., Walker E. Anderson, Asst. U. S. Atty., and Harland F. Leathers, Washington, D. C., for defendant James J. Saxon, Comptroller of the Currency.

L. Tom Perry, Logan, Utah, for defendant The First Nat. Bank of Logan.

CHRISTENSEN, District Judge.

This is a declaratory judgment proceeding to test the power of the Comptroller of the Currency to authorize the establishment by a national banking association of a branch bank in a city in which it is situated, where conditions under which State banks are expressly authorized to establish new branches cannot now be met for practical reasons. This question, involving a construction of Section 36(c) (1) of the National

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