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ARNOLD TOURS, INC. v. CAMP

Nos. 7192, 7186.

408 F.2d 1147 (1969)

ARNOLD TOURS, INC., et al., Plaintiffs, Appellants, v. William B. CAMP et al., Defendants, Appellees. The WINGATE CORPORATION, Plaintiff, Appellant, v. INDUSTRIAL NATIONAL BANK et al., Defendants, Appellant,

United States Court of Appeals First Circuit.

March 27, 1969.

Attorney(s) appearing for the Case

No. 7192:

Richard J. Murphy, Tewksbury, Mass., with whom Timothy J. Murphy, Boston, Mass., was on brief, for appellants.

Alan S. Rosenthal, Attorney, Department of Justice, with whom Edwin L. Weisl, Jr., Asst. Atty. Gen., Paul F. Markham, U. S. Atty., and Leonard Schaitman, Attorney, Department of Justice, were on brief, for William B. Camp, Comptroller of the Currency, appellee.

Elliott V. Grabill, Boston, Mass., with whom Arthur H. Bloomberg and Grabill, Ley & Butterworth, Boston, Mass, were on brief, for South Shore National Bank, appellee.

No. 7186:

Edward J. Regan, Providence, R. I., with whom Eustace T. Pliakas and Graham, Reid, Ewing & Stapleton, Providence, R. I., were on brief, for appellant.

Matthew W. Goring, Providence, R. I., with whom Edward M. Watson, Providence, R. I., Robert W. Meserve, John B. Newhall, Gordon L. Doerfer, Boston, Mass., Hinckley, Allen, Salisbury & Parsons, Providence, R.I., and Nutter, McClennen & Fish, Boston, Mass., were on brief, for Industrial National Bank of Rhode Island, appellee.

Alan S. Rosenthal, Attorney, Department of Justice, with whom Edwin L. Weisl, Jr., Asst. Atty. Gen., Edward P. Gallogly, U. S. Atty., and Stephen R. Felson, Attorney, Department of Justice, were on brief, for William B. Camp, Comptroller of the Currency, appellee.

Robert J. McOsker, City Solicitor, and Vincent J. Piccirilli, Asst. City Solicitor, on brief for City of Providence, appellee.

Matthew Hale, Washington, D. C., on brief for The American Bankers Association, amicus curiae.

Before ALDRICH, Chief Judge, WOODBURY, Senior Circuit Judge, and COFFIN, Circuit Judge.

ALDRICH, Chief Judge.

These are two actions by parties engaged in certain business pursuits to restrain competition from national banks which, supported by rulings of the Comptroller of the Currency, have entered their fields. Plaintiffs seek, basically, to attack these rulings. In both cases the district courts held that they were without standing to do so, and dismissed the complaints on motions of the defendants. Plaintiffs appeal.

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