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JACKSON v. FIRST NATIONAL BANK OF VALDOSTA

No. 21821.

349 F.2d 71 (1965)

W. M. JACKSON, as Superintendent of Banks of the State of Georgia, Appellant, v. FIRST NATIONAL BANK OF VALDOSTA, Appellee.

United States Court of Appeals Fifth Circuit.

July 22, 1965.

Attorney(s) appearing for the Case

Eugene Cook, Atty. Gen., Benjamin L. Johnson, Asst. Atty. Gen., Atlanta, Ga., Joseph H. Kavanaugh, Baton Rouge, La., James F. Bell, Washington, D. C., Albert Sidney Johnson, Asst. Atty. Gen., State of Georgia, Atlanta, Ga., for appellant.

Sam U. Young, Jr., J. Lundie Smith, Valdosta, Ga., for appellee.

Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen. of Texas, Joe R. Long, Asst. Atty. Gen. of Texas, C. K. Richards, Sp. Counsel for J. M. Falkner, Banking Commissioner of Texas, amici curiae.

James F. Bell, Washington, D. C., Calvin Davison, Pogue & Neal, Washington, D. C., of counsel, amici curiae.

Before TUTTLE, Chief Judge, EDGERTON, and SMITH, Circuit Judges.

TUTTLE, Chief Judge:

This is an appeal from an order dismissing an action brought by the Superintendent of Banks of the State of Georgia against First National Bank of Valdosta, a national banking association. The Superintendent's action, filed in the state court and removed by the defendant to the federal district court, sought a declaration that First National could not lawfully open a drive-in banking facility 281 feet away from its main office and separated from...

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