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IN RE APPLICATION OF BERKELEY SAV. & LOAN ASSOC.

115 N.J. Super. 302 (1971)

279 A.2d 718

IN THE MATTER OF THE APPLICATION OF BERKELEY SAVINGS AND LOAN ASSOCIATION FOR THE COMMISSIONER'S APPROVAL OF RELOCATION OF BERKELEY MAIN OFFICE FROM NEWARK TO MILLBURN, NEW JERSEY. INVESTORS SAVINGS & LOAN ASSOCIATION, APPELLANT, v. JAMES C. BRADY, JR., COMMISSIONER OF BANKING OF NEW JERSEY AND THE BERKELEY SAVINGS AND LOAN ASSOCIATION OF NEWARK, NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1971.

Attorney(s) appearing for the Case

Mr. Vincent D. Manahan, III, argued the cause for appellant (Messrs. Herrigel, Bolan & Herrigel, attorneys).

Mr. Martin S. Fox argued the cause for respondent The Berkeley Savings and Loan Association of Newark, New Jersey (Messrs. Fox & Fox, attorneys).

Statement in lieu of brief on behalf of respondent James C. Brady, Jr., Commissioner of Banking of New Jersey. (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. T. Robert Zochowski, Deputy Attorney General, on the brief).

Before Judges KILKENNY, HALPERN and LANE.

The opinion of the court was delivered by KILKENNY, P.J.A.D.

On September 15, 1970 the State Commissioner of Banking approved a relocation of the principal office of The Berkeley Savings and Loan Association to Millburn, conditioned upon its relocation of a branch at the old site. Investors Savings and Loan Association (hereinafter "Investors") appeals from the final decision of the Commissioner.

Investors contends that (1) the procedure involved in reaching...

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