VIRGINIA NAT. BANK v. COMMONWEALTH OF VERGINIA EX REL. STATE CORP. COM'N

Civ. A. No. 794-70-N.

320 F.Supp. 260 (1970)

VIRGINIA NATIONAL BANK, Plaintiff, v. COMMONWEALTH OF VIRGINIA ex rel. STATE CORPORATION COMMISSION, State Corporation Commission of the Commonwealth of Virginia, Ralph T. Catterall, Jesse Dillon, and H. Lester Hooker, individually and in their capacities as Commissioners of the State Corporation Commission of the Commonwealth of Virginia, Defendants.

United States District Court, E. D. Virginia, Norfolk Division.

December 8, 1970.


Attorney(s) appearing for the Case

Kaufman, Oberndorfer & Spainhour, Norfolk, Va., William P. Oberndorfer, Conrad M. Shumadine, Robert C. Goodman, Jr., Norfolk, Va., for plaintiff.

Andrew P. Miller, Atty Gen. of Virginia, Anthony F. Troy, Asst. Atty. Gen., A. Grey Staples, Jr., General Counsel, State Corporation Commission, Richmond, Va., Jordan, Morris & Hoke, John R. Jordan, Jr., Raleigh, N. C., for defendants.


MEMORANDUM

WALTER E. HOFFMAN, Chief Judge.

The General Assembly of Virginia has provided, by statute, for the establishment of branch banks under certain terms and conditions as specified under section 6.1-39 of the Code of Virginia 1950, et sequi. Of particular importance to the present controversy is the language of section 6.1-39(c) which reads as follows:

"(c) Notwithstanding the limitations...

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