NEW HAMPSHIRE BANKERS ASSOCIATION v. NELSON

Civ. A. No. 3355.

336 F.Supp. 1330 (1972)

NEW HAMPSHIRE BANKERS ASSOCIATION et al. v. James W. NELSON, Bank Commissioner for the State of New Hampshire, and Warren B. Rudman, Attorney General for the State of New Hampshire.

United States District Court, D. New Hampshire.

January 19, 1972.


Attorney(s) appearing for the Case

William S. Green, Sheehan, Phinney, Bass & Green, Manchester, N. H., for plaintiffs.

Donald W. Stever, Jr., Attorney, Office of the Attorney General for the State of New Hampshire, Concord, N. H., for defendants.


OPINION

BOWNES, District Judge.

This case, brought under the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, is a three pronged attack on that provision of New Hampshire Revised Statutes Annotated, Chapter 390:13, which prohibits trust companies or similar corporations or national banks from advertising or circularizing the fact that they are authorized to act as executors.

The plaintiffs seek a decree adjudging that:

1. The prohibition...

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