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VIRGINIA NAT. BANK v. COMMONWEALTH OF VA. EX REL. S. C. C.

No. 71-1139.

448 F.2d 425 (1971)

VIRGINIA NATIONAL BANK, Appellee, v. COMMONWEALTH OF VIRGINIA ex rel. STATE CORPORATION COMMISSION et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1971.

Attorney(s) appearing for the Case

John R. Jordan, Jr., Sp. Counsel, State Corporation Com., Raleigh, N. C. (Jordan, Morris & Hoke, Raleigh, N. C., and A. Grey Staples, Jr., Gen. Counsel, (Va.) State Corporation Com., Richmond, Va., Andrew P. Miller, Atty. Gen. of Va., Anthony F. Troy, Asst. Atty. Gen., on brief), for appellants.

William P. Oberndorfer, Norfolk, Va. (Conrad M. Shumadine, Kaufman, Oberndorfer & Spainhour, Norfolk, Va., on brief), for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

On March 20, 1970, Virginia National Bank (Virginia National), headquartered in Norfolk, Virginia, filed an application with the Comptroller of the Currency of the United States (Comptroller) for permission to establish a branch bank in Hampton, Virginia. The National Bank Act, 12 U.S.C. § 36(c), permits a national bank to establish a branch where branching is permitted to state banks by "the statute law of the State in question." Code of Virginia...

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