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FIRST HARDIN NATIONAL BANK v. FORT KNOX NATIONAL BANK

No. 16906.

361 F.2d 276 (1966)

The FIRST HARDIN NATIONAL BANK and the Farmers Bank of Vine Grove, Kentucky, Plaintiffs-Appellants, v. FORT KNOX NATIONAL BANK, Defendant-Appellee, and James J. Saxon, Comptroller of the Currency of the United States, Intervening Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 26, 1966.

Attorney(s) appearing for the Case

L. A. Faurest, Elizabethtown, Ky., for appellant First Hardin Nat. Bank.

H. L. James, Elizabethtown, Ky., for appellant Farmers Bank of Vine Grove, Ky.

Robert E. Hatton, Louisville, Ky. (Robert E. Hatton, L. Lyne Smith, Jr., Louisville, Ky., on the brief), for Fort Knox Nat. Bank.

Jack H. Weiner, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., David L. Rose, Atty., Dept. of Justice, Washington, D. C., Ernest W. Rivers, U. S. Atty., Louisville, Ky., on the brief), for James J. Saxon.

Robert Matthews, Atty. Gen. of Kentucky, John B. Browning, Asst. Atty. Gen., Frankfort, Ky., on the brief for Commissioner of Kentucky Dept. of Banking, amicus curiae.

Before WEICK, Chief Judge, and O'SULLIVAN and CELEBREZZE, Circuit Judges.

CELEBREZZE, Circuit Judge.

The First Hardin National Bank, a National Banking Corporation, and The Farmers Bank of Vine Grove, a State Banking Corporation, hereinafter referred to as Appellants, instituted this action to enjoin the Fort Knox National Bank, hereinafter referred to as Appellee, from opening a branch bank at Radcliff, Hardin County, Kentucky. James J. Saxon, Comptroller of the Currency of the United States, intervened on behalf of the Appellee.

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