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DRISCOLL v. NORTHWESTERN NATIONAL BANK OF ST. PAUL

No. 3-72-Civ-42.

349 F.Supp. 245 (1972)

Edward J. DRISCOLL, Chairman, Commerce Commission, and Marvin L. Rye, Commissioner of Banks, State of Minnesota, Plaintiffs, Independent Bankers of Minnesota, a nonprofit corporation, Plaintiff-Intervenor, Commercial State Bank, a state bank, Plaintiff-Intervenor, v. NORTHWESTERN NATIONAL BANK of ST. PAUL, a national banking association, and William B. Camp, Comptroller of the Currency of the United States, Defendants.

United States District Court, D. Minnesota, Third Division.

October 25, 1972.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen. of State of Minnesota, Curtis D. Forslund, Sol. Gen. of State of Minnesota, and Steven M. Gunn, Sp. Asst. Atty. Gen. of State of Minnesota, St. Paul, Minn., for plaintiffs.

Hansen, Hazen, Dordell & Bradt, Horace R. Hansen, St. Paul, Minn., for plaintiff-intervenor Independent Bankers of Minnesota.

Cummins, Gislason, Sheahan, Joyce & McHaffie, Carl W. Cummins, Jr., St. Paul, Minn., for plaintiff-intervenor Commercial State Bank.

Faegre & Benson, Lawrence C. Brown, Minneapolis, Minn., for defendant Northwestern Nat. Bank of St. Paul.

Robert G. Renner, U. S. Atty., and J. Earl Cudd, Asst. U. S. Atty., Minneapolis, Minn., and Edward Jiran, Office of Comptroller of the Currency, Washington, D. C., for defendant William B. Camp.

MEMORANDUM & ORDER FOR JUDGMENT

DEVITT, Chief Judge.

The broad issue in this declaratory judgment action is whether the Northwestern National Bank of St. Paul is operating more than one branch bank in violation of state and federal banking laws. Minnesota law prohibits branch banking except to the limited extent of allowing state banks to operate one "detached facility." This restriction is incorporated into federal law and made applicable to national...

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