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STATE EX REL. HOLLOWAY v. FIRST AMERICAN B. & T. CO.

Civ. No. 8693.

186 N.W.2d 573 (1971)

STATE ex rel. Donald R. HOLLOWAY, Securities Commissioner, and Gilbert W. Ellwein, State Examiner of the State of North Dakota, Plaintiffs and Appellants, v. FIRST AMERICAN BANK & TRUST COMPANY, a domestic corporation, and Robert M. Hart, a/k/a R. M. Hart, Harvey W. Boen, Albert W. Fetzer, Ruth M. Hart, Bernard H. Hillyer, Jerry D. Pritchett, Arne J. Springan, John F. Sullivan, Charles L. Welch, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied May 21, 1971.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., and Arley R. Bjella, Frank F. Jestrab, and John R. Gordon, Sp. Asst. Attys. Gen., Williston, for plaintiffs-appellants.

Frederick E. Saefke, Jr., and Thompson, Lundberg & Nodland, Bismarck, for defendants-respondents.

TEIGEN, Judge.

This is an appeal from an order of the district court denying a motion for a temporary injunction and vacating a temporary restraining order issued on an order to show cause.

The State, upon relation of its security commissioner and the commissioner of banking and financial institutions, known as the state examiner (hereinafter referred to as the State), seeks a permanent injunction against the defendant First American Bank & Trust Company...

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