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WESTERN BANCSHARES, INC. v. BOARD OF GOV. OF FED. RES. SYS.

No. 72-1661.

480 F.2d 749 (1973)

WESTERN BANCSHARES, INC., a corporation, Petitioner-Appellant, v. BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 21, 1973.

Attorney(s) appearing for the Case

Robert B. Berkley, Salina, Kan. (Thomas J. Kennedy, Salina, Kan., on the brief), for petitioner-appellant.

Stephen F. Eilperin, Dept. of Justice, Washington, D.C. (Harlington Wood, Jr., Asst. Atty. Gen., and Walter H. Fleischer, Dept. of Justice, Washington, D.C., on the brief), for respondent-appellee.

Before BREITENSTEIN, BARRETT, and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

The question presented in this case is whether the Bank Holding Company Act of 1956, as amended, 12 U.S.C.A. § 1841 et seq., empowers the Federal Reserve Board to deny the subject application of a Kansas bank holding company to retain its controlling interest in an acquired Kansas bank. The Board denied the holding company's application because it failed to seek the Board's prior approval of the bank stock acquisition and because the minority...

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