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HORNE v. FEDERAL RESERVE BANK OF MINNEAPOLIS

No. 17683.

344 F.2d 725 (1965)

W. Frank HORNE, Leo Zurn, Joan Van Poperin, William McNeely, P. A. Del Valle, John Doe and Richard Roe, Appellants, v. FEDERAL RESERVE BANK OF MINNEAPOLIS, First National Bank of St. Paul and Commercial State Bank, St. Paul, Northwestern National Bank, Minneapolis, Lyndon B. Johnson, President, United States, Douglas Dillon, Secretary, U. S. Treasury, and United States of America, Appellees.

United States Court of Appeals Eighth Circuit.

April 29, 1965.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Attorney, Dept. of Justice, Washington, D. C., made argument for appellees, United States and other United States Officers, and filed brief with John W. Douglas, Asst. Atty. Gen., Miles W. Lord, U. S. Atty., Minneapolis, Minn., Richard S. Salzman, Atty., Dept. of Justice, Washington, D. C., and Roland Graham, Atty., Federal Reserve Bank of Minneapolis, Minneapolis, Minn.

Albert D. Levin, St. Paul Minn., made argument for Commercial State Bank in St. Paul and filed brief. James A. Halls, of Faegre & Benson, Minneapolis, Minn., made argument for Northwestern Nat. Bank of Minneapolis and First Nat. Bank of St. Paul, appellees. On the brief were: James A. Halls and Lawrence C. Brown, of Faegre & Benson, Minneapolis, Minn., Frank Hammond and Richard H. Kyle, of Briggs & Morgan, St. Paul, Minn., Attorneys for First Nat. Bank of St. Paul.

Before VOGEL, MATTHES and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

Summary judgment was granted in this case on the basis that plaintiffs-appellants "* * * (did) not have the right and requisite standing to bring this action." The complaint filed by them in the court below alleged they are "residents, freeholders, voters, citizens and taxpayers of the United States" and bring this suit against appellees "* * on behalf of, in the interest of, and representing the people of the United States to enforce the primary...

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