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FIRST NATIONAL BANK OF FAYETTEVILLE v. SMITH

No. F-73-C-12.

365 F.Supp. 898 (1973)

FIRST NATIONAL BANK OF FAYETTEVILLE et al., Plaintiffs, v. James E. SMITH, Comptroller of the Currency of the United States, Defendant, Northwest National Bank, Intervenor.

United States District Court, W. D. Arkansas, Fayetteville Division.

November 1, 1973.

Attorney(s) appearing for the Case

James F. Dickson of Crouch, Blair, Cypert & Waters, Springdale, Ark., F. H. Martin, Jr., of Ball, Gallman & Martin, Fayetteville, Ark., for plaintiffs.

Sam Hugh Park, Asst. U. S. Atty., Fort Smith, Ark., Harlington Wood, Jr., Asst. Atty. Gen., Harland F. Leathers and David C. Shonka, Attys., Dept. of Justice, Washington, D. C. (John E. Shockey and Edward Jiran, Attys., Office of Comptroller of the Currency, Washington, D. C., of counsel), for defendants.

OPINION

JOHN E. MILLER, Senior District Judge, Sitting by Designation.

On July 8, 1972, ten individuals, residents of the Fayetteville, Arkansas, area filed application with the Comptroller of the Currency for permission to organize a national bank in Fayetteville. The applicants filed financial, biographical and economic data in support of their application. A field investigation was conducted by a commissioned National Bank Examiner, and on November 21...

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