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RAMAPO BANK v. CAMP

Nos. 18022 and 18117.

425 F.2d 333 (1970)

The RAMAPO BANK and Broadway Bank & Trust Company, both banking corporations of the State of N. J., and New Jersey Bank (National Association), a national banking association, formerly N. J. Bank and Trust Co., a banking corp. of the State of N. J., Horace J. Bryant, Jr., Commissioner of the Dept. of Banking and Insurance, State of N. J. (Plaintiff Intervenor), v. William B. CAMP, Comptroller of the Currency of the United States, and Prospect Park National Bank, a national banking association. The Ramapo Bank and Broadway Bank & Trust Company, Appellants in No. 18022, Horace J. Bryant, Jr., Commissioner of the Dept. of Banking and Insurance, State of N. J. (Plaintiff Intervenor), Appellant in No. 18117.

United States Court of Appeals, Third Circuit.

Decided April 17, 1970.

Attorney(s) appearing for the Case

Richard S. Miller, Williams, Gardner, Caliri, Miller & Otley, Wayne, N. J., for appellants Ramapo Bank and Broadway Bank & Trust.

E. Robert Levy, Trenton, N. J. (Arthur J. Sills, Atty. Gen., of New Jersey, Joel L. Shain, Deputy Atty. Gen., Trenton, N. J., on the brief), for appellant Horace J. Bryant, Jr.

Leonard Schaitman, Appellate Section, Tax Division, Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Donald Horowitz, U. S. Atty., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee William B. Camp.

Herman Jeffer, Paterson, N. J. (Jeffer, Walter & Tierney, Paterson, N. J., on the brief), for appellee Prospect Park Nat. Bank.

Before BIGGS, KALODNER and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

The instant appeals present substantial questions concerning the authority of the United States Comptroller of the Currency to issue certificates which would permit a nationally chartered bank simultaneously to relocate its main office and to retain its former main office as a branch, when similar action on the part of state banking institutions is barred by state law. At issue principally is the scope and application...

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