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FIRST NAT. BANK OF SMITHFIELD, N. C. v. FIRST NAT. BANK OF E. N. C.

Civ. No. 1460.

232 F.Supp. 725 (1964)

FIRST NATIONAL BANK OF SMITHFIELD, NORTH CAROLINA, v. FIRST NATIONAL BANK OF EASTERN NORTH CAROLINA and James J. Saxon, Comptroller of the Currency of the United States.

United States District Court E. D. North Carolina, Raleigh Division.

August 12, 1964.

Attorney(s) appearing for the Case

Dupree, Weaver, Horton & Cockman, Jordan & Toms, Raleigh, N. C., E. V. Wilkins, Smithfield, N. C., for plaintiff.

Poyner, Geraghty, Hartsfield & Townsend, Raleigh, N. C., Venters & Dotson, Jacksonville, N. C., for First National Bank of Eastern North Carolina.

Robert H. Cowen, U. S. Atty., Raleigh, N. C., John W. Douglas, Asst. Atty. Gen., Harland F. Leathers and R. Dickey Hamilton, Attys., Department of Justice, Washington, D. C., for Comptroller of the Currency.

T. Wade Bruton, Atty. Gen., of North Carolina, Raleigh, N. C. (filed brief as amicus curiae).

BUTLER, Chief Judge.

This case presents the question whether the decision of the Comptroller of the Currency approving the establishment of a branch bank is subject to judicial review.

Plaintiff, First National Bank of Smithfield, and defendant, First National Bank of Eastern North Carolina, are both national banking associations established under the National Banking Act, Chapter 2, Title 12 U.S.C.A. The defendant Saxon is Comptroller of the Currency of the...

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