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GREEN v. WILMINGTON SAVINGS FUND SOCIETY

310 A.2d 638 (1973)

John W. GREEN, State Bank Commissioner of the State of Delaware, Defendant Below, Appellant, v. WILMINGTON SAVINGS FUND SOCIETY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

September 5, 1973.

Attorney(s) appearing for the Case

James T. Perry, Deputy Atty. Gen., Wilmington, for defendant below, appellant.

George Tyler Coulson of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff below, appellee.

Rodman Ward, Jr., and Eduard F. von Wettberg, III, Wilmington, for Delaware Bankers Assn., Amicus Curiae.

Before HERRMANN, C. J., and CAREY and DUFFY, JJ.

HERRMANN, Chief Justice:

The issue here is the Superior Court's scope of review upon appeal from the State Bank Commissioner's denial of an application for a branch bank office.

The Wilmington Savings Fund Society (hereinafter "Bank") applied to the State Bank Commissioner for authority to open a branch office under 5 Del.C. § 933.1 The Commissioner denied the application on the ground...

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