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DICKINSON v. FIRST NATIONAL BANK IN PLANT CITY, FLORIDA

No. 25173.

400 F.2d 548 (1968)

Fred O. DICKINSON, Jr., Comptroller of the State of Florida, et al., Appellants, v. The FIRST NATIONAL BANK IN PLANT CITY, Plant City, FLORIDA, et al., Appellees.

United States Court of Appeals Fifth Circuit.

September 12, 1968.

Attorney(s) appearing for the Case

V. Carroll Webb, Gen. Counsel, Tallahassee, Fla., William Reece Smith, Jr., Tampa, Fla., for appellants.

John C. Eldridge, Robert E. Kopp, Attys., Dept. of Justice, Washington D. C., Robert S. Edwards, Plant City, Fla., Clinton Ashmore, U. S. Atty., Tallahassee, Fla., for appellees.

Arthur K. Bolton, Atty. Gen., Atlanta, Ga., Horace R. Hansen, St. Paul, Minn., Edgar H. Sims, Jr., Gainesville, Ga., amici curiae.

Before TUTTLE and GOLDBERG, Circuit Judges, and HOOPER, District Judge.

GOLDBERG, Circuit Judge:

This case involves a meshing process in our federalism as we observe two sovereigns competing for their legitimate spheres. The Comptroller of the State of Florida, supported by intervening state banks, contends that First National's shopping center receptacle and armored car messenger service constitute "branch banking" in violation of Section 659.06(1) (a) of the Florida Statutes, F.S.A.,1 and that the authority...

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