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MARION NATIONAL BANK OF MARION v. VAN BUREN BANK

Nos. 17078, 17114.

418 F.2d 121 (1969)

MARION NATIONAL BANK OF MARION and First National Bank in Marion, Plaintiffs-Appellees, v. The VAN BUREN BANK and William B. Camp, Comptroller of the Currency of the United States, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 6, 1970.

Attorney(s) appearing for the Case

Morton Hollander, Chief, Appellate Section, Leonard Schaitman, Attorney, U. S. Department of Justice, Washington, D. C., J. A. Bruggeman, Fort Wayne, Ind., Wasson J. Wilson, Hammond, Ind., Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., Wilson, Benne, Feingold & Donnersberger, Hammond, Ind., Barrett, Barrett & McNagny, Fort Wayne, Ind., for Van Buren Bank.

George P. Osborn, David L. Kiley, Kiley, Osborn, Kiley & Harker, Marion, Ind., for First Nat. Bank in Marion.

William F. Welch, McHale, Cook & Welch, Indianapolis, Ind., for Marion Nat. Bank of Marion.

Before HASTINGS, Senior Circuit Judge, and SWYGERT and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

Action by two banks in Marion, Indiana to enjoin the Comptroller of the Currency of the United States from approving, and the Van Buren Bank from carrying out, a plan whereby the Van Buren Bank will open a banking facility in Marion as well as in Van Buren. The district court granted the injuction.1

Marion is a city of about 40,000, the county seat of Grant county. The town of Van Buren is in the same...

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