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NEW HAMPSHIRE BANKERS ASSOCIATION v. NELSON

No. 72-1049.

460 F.2d 307 (1972)

NEW HAMPSHIRE BANKERS ASSOCIATION et al., Plaintiffs-Appellants, v. James W. NELSON, Bank Commissioner For the State of New Hampshire, and Warren B. Rudman, Attorney General For the State of New Hampshire, Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided May 24, 1972.

Attorney(s) appearing for the Case

William S. Green, Manchester, N. H., with whom Jon S. Richardson and Sheehan, Phinney, Bass & Green, Manchester, N. H., were on brief, for plaintiffs-appellants.

Donald W. Stever, Jr., Asst. Atty. Gen., with whom Warren B. Rudman, Atty. Gen., was on brief, for defendants-appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

Appellants, national and state banks and a bankers' association, challenge that part of New Hampshire Revised Statutes Annotated, Chapter 390:13 which prohibits any bank from advertising or circularizing the fact that it is authorized to act as an executor. The national banks and the association rely principally on the ground that the New Hampshire statute is repugnant to 12 U.S.C. § 92a, which authorizes national banks to act as executors under certain...

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