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FIRST NATIONAL BANK & TRUST CO. OF BEATRICE v. LEY

No. 36565.

153 N.W.2d 743 (1967)

182 Neb. 164

The FIRST NATIONAL BANK & TRUST COMPANY OF BEATRICE, Appellant, v. Henry E. LEY, Byron Dunn, Department of Banking, State of Nebraska and Beatrice State Bank, Appellees.

Supreme Court of Nebraska.

October 27, 1967.

Attorney(s) appearing for the Case

Nelson, Harding, Acklie, Leonard & Tate, Lincoln, Luebs, Tracy & Huebner, Vincent L. Dowding, Grand Island, for appellant.

Clarence A. H. Meyer, Atty. Gen., Richard H. Williams, Asst. Atty. Gen., Woods, Aitken & Aitken, Bert L. Overcash, Allen L. Overcash, Lincoln, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH and NEWTON, JJ.

BOSLAUGH, Justice.

This is a proceeding in error to review an order of the Department of Banking of the State of Nebraska granting a charter to the Beatrice State Bank of Beatrice, Nebraska. The trial court found that the action should be dismissed and affirmed the order of the Department of Banking. The First National Bank & Trust Company of Beatrice, the plaintiff in error, has appealed.

The Banking Act provides that it shall be unlawful to conduct a...

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