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WARREN BANK v. SAXON

Civ. A. No. 28290.

263 F.Supp. 34 (1966)

WARREN BANK, a Michigan Banking Association, Plaintiff, v. James J. SAXON, Comptroller of the Currency, U. S. Treasury Department, and National Bank of Warren, a National Banking Association, Defendants.

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

November 14, 1966.

Attorney(s) appearing for the Case

Richard S. Beattie, Dept. of Justice, Washington, D. C., Lawrence Gubow, U. S. Atty., Patricia Pernick, Asst. U. S. Atty., Detroit, Mich., for the Government (James Saxon, Comptroller of the Currency).

Fred Gordon, Bizer & Sommers, Detroit, Mich., for defendant National Bank of Warren.

Wallace M. Handler, Lebenbom & Handler, Detroit, Mich., for plaintiff.

OPINION

TALBOT SMITH, District Judge.

The case before us presents the issue of the judicial reviewability of a decision of the Comptroller of the Currency. The decision litigated is his grant of preliminary approval to the organizers of the National Bank of Warren to open a new national bank in the City of Warren, Michigan. The plaintiff is a state bank, asserting, in its complaint, in part as follows:

6. That Plaintiff is informed and verily believes...

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