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MECHANICS NAT. BANK OF BURL. CTY. v. BRADY

121 N.J. Super. 62 (1972)

296 A.2d 78

MECHANICS NATIONAL BANK OF BURLINGTON COUNTY, A NATIONAL BANKING ASSOCIATION, APPELLANT, v. JAMES C. BRADY, JR., COMMISSIONER OF THE DEPARTMENT OF BANKING, STATE OF NEW JERSEY, AND FIDELITY BANK AND TRUST COMPANY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 1972.

Attorney(s) appearing for the Case

Mr. William F. Tompkins argued the cause for appellant (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. William F. Dowd, on the Brief).

Mr. George F. Kugler, Jr., Attorney General, attorney for respondent James C. Brady, Jr., filed a Statement in Lieu of Brief (Mr. T. Robert Zochowski, Deputy Attorney General, of Counsel).

Mr. Edward Suski, Jr., argued the cause for respondent Fidelity Bank and Trust Company (Messrs. Wilinski, Coruzzi & Suski, attorneys).

Before Judges SULLIVAN, LEONARD and CARTON.

PER CURIAM.

We affirm. Mechanics' contention that it had home office protection within the meaning of N.J.S.A. 17:9A-19 at the time the Commissioner approved Fidelity's branch office application is without merit. As of the date of this approval Mechanics had not yet passed the necessary shareholder's amendment to its Articles of Association and no formal certificate authorizing it to relocate its home office had been issued by the Comptroller of the...

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