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OHIO BANK & SAVINGS CO. v. TRI-COUNTY NATIONAL BANK

No. 18964.

411 F.2d 801 (1969)

The OHIO BANK & SAVINGS CO., Plaintiff-Appellant, v. TRI-COUNTY NATIONAL BANK and William B. Camp, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

June 5, 1969.

Attorney(s) appearing for the Case

Sidney D. L. Jackson, Jr., Cleveland, Ohio, C. Raymond Marvin, Baker, Hostetler & Patterson, Cleveland, Ohio, on brief, for appellant.

John L. Strauch, Cleveland, Ohio, Thomas P. Mulligan, Bertram R. Zweig, Jones, Day, Cockley & Reavis, Cleveland, Ohio, on brief for Tri-County Nat. Bank.

Walter H. Fleischer, Department of Justice, Washington, D. C., Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton Hollander, Atty., Department of Justice, Washington, D. C., Bernard J. Stuplinski, U. S. Atty., Cleveland, Ohio, on brief for William B. Camp.

Before CELEBREZZE and PECK, Circuit Judges, and GORDON, District Judge.

PECK, Circuit Judge.

On October 28, 1966, the Tri-County National Bank (hereinafter "Tri-County"), a national bank of Fostoria, Ohio, filed an application with the Comptroller of the Currency of the United States (hereinafter "Comptroller") for authority to establish a branch bank in Findlay, Ohio. The application was opposed by the Ohio Bank & Savings Company (hereinafter usually "Ohio Bank"), a state bank located in Findlay. Its protest was based on the ground...

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