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AMERICAN BANK AND TRUST COMPANY v. SAXON

Civ. A. No. 4833.

248 F.Supp. 324 (1965)

AMERICAN BANK AND TRUST COMPANY, a Michigan banking corporation, Plaintiff, v. James J. SAXON, as Comptroller of the Currency of the United States of America, and Dart National Bank, of Mason, Michigan, a national banking corporation, Defendants.

United States District Court W. D. Michigan, S. D.

December 13, 1965.

Attorney(s) appearing for the Case

Foster, Campbell, Lindemer & McGurrin, Lansing, Mich., Richard B. Foster and Theodore W. Swift, Lansing, Mich., of counsel, for plaintiff.

Harold D. Beaton, U. S. Atty., Grand Rapids, Mich., Department of Justice, Richard Beatty, Washington, D. C., for defendant Saxon.

Marshall, O'Brien & Skehan, Lansing, Mich., John P. O'Brien, Lansing, Mich., of counsel, for defendant Dart Nat. Bank.

FOX, District Judge.

The present motion for partial summary judgment raises two questions relating to the action of the Comptroller of the Currency in passing upon applications of national banks for branch offices pursuant to Section 36(c) of the National Bank Act, 12 U.S.C.A. § 36(c).

The court is asked to decide both whether or not the Comptroller must grant a formal adversary hearing to protestants of such applications and whether or not the requirement...

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