ARNOLD TOURS, INC. v. CAMP

No. 7192.

428 F.2d 359 (1970)

ARNOLD TOURS, INC., et al., Plaintiffs, Appellants, v. William B. CAMP, Comptroller of the Currency, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 1, 1970.


Attorney(s) appearing for the Case

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

Alan S. Rosenthal, Atty., Dept. of Justice, with whom William D. Ruckelshaus, Asst. Atty. Gen., and Herbert F. Travers, Jr., U. S. Atty., 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, Boston, Mass., were on brief, for South Shore National Bank, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


ALDRICH, Chief Judge.

In Arnold Tours, Inc. v. Camp, 1 Cir., 1969, 408 F.2d 1147, in a joint opinion covering two actions against the Comptroller of the Currency and two national banks, this court, departing from another circuit that considered cases such as Tennessee Electric Power Co. v. TVA, 1939, 306 U.S. 118, 59 S.Ct. 366, 83 L. Ed. 543, determinative of the question, held that in one of these...

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