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WALKER BANK & TRUST COMPANY v. SAXON

No. 7981.

352 F.2d 90 (1965)

WALKER BANK & TRUST COMPANY, a corporation, Appellant, v. James J. SAXON, Comptroller of the Currency, and the First National Bank of Logan, of Logan, Utah, a National banking association, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 3, 1965.

Attorney(s) appearing for the Case

Joseph S. Jones, Salt Lake City, Utah (C. E. Henderson and Ray, Rawlins, Jones & Henderson, Salt Lake City, Utah, on the brief), for appellant.

David L. Rose, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., William T. Thurman, U. S. Atty., and Kathryn H. Baldwin, Atty., Dept. of Justice, on the brief), for appellee James J. Saxon, Comptroller of Currency.

Ted S. Perry, of Perry & Perry, Logan, Utah, for appellee First Nat. Bank.

Brief filed by James F. Bell, Washington, D. C., amicus curiæ.*

Before PHILLIPS, PICKETT and HILL, Circuit Judges.

HILL, Circuit Judge.

Appellant, Walker Bank and Trust Company, brought this action in the court below against appellees, the Comptroller of the Currency and The First National Bank of Logan, to obtain a declaratory judgment decreeing the action of the Comptroller, in authorizing The First National Bank of Logan to establish and operate a branch bank in Logan, to be void and of no legal effect.

Both defendants, by separate answers, alleged the validity of the...

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