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FIRST AMERICAN BANK & TRUST COMPANY v. ELLWEIN

No. 72-1596.

474 F.2d 933 (1973)

FIRST AMERICAN BANK & TRUST COMPANY et al., Plaintiffs-Appellants, v. G. W. ELLWEIN, Commissioner, State Examiner and Chairman of the State Banking Board, Department of Banking and Financial Institutions of the State of North Dakota, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1973.

Attorney(s) appearing for the Case

Frederick E. Saefke, Jr., Bismarck, N. D., for plaintiffs-appellants.

Frank F. Jestrab, Bjella & Jestrab, Williston, N. D., for defendants-appellees.

Before MATTHES, Chief Judge, BRIGHT, Circuit Judge, and TALBOT SMITH, Senior District Judge.

PER CURIAM.

First American Bank & Trust Co. (First American) instituted this action pursuant to 15 U.S.C. §§ 4, 15, and 26 (antitrust laws) seeking injunctive and other relief against the North Dakota State Banking Board to prevent the Board from holding a hearing and making findings concerning appellant's solvency and banking practices. First American alleged that the Board could not afford the plaintiff a fair hearing because Board members are competitors...

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