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MERCHANTS & PLANTERS BANK OF NEWPORT, ARKANSAS v. SMITH

No. B-73-C-18.

380 F.Supp. 354 (1974)

MERCHANTS & PLANTERS BANK OF NEWPORT, ARKANSAS, and First National Bank of Newport, Arkansas, Plaintiffs, v. James E. SMITH, Comptroller of the Currency of the United States, Defendant, Jackson County National Bank, Intervenor.

United States District Court, E. D. Arkansas, N. D.

August 1, 1974.

Attorney(s) appearing for the Case

James A. McLarty, Newport, Ark., for Merchants & Planters Bank of Newport.

Marvin D. Thaxton, Newport, Ark., for First National Bank of Newport.

W. H. Dillahunty, U. S. Atty. and Fletcher Jackson, Asst. U. S. Atty., Eastern District of Arkansas, Little Rock, Ark., and Edward Jiran, Atty., Office of the Comptroller of the Currency, Washington, D. C. for James E. Smith, Comptroller of the Currency of the United States.

Thomas A. Callaghan, Jr., Washington, D. C., and Sam Boyce, Newport, Ark., for Jackson County National Bank.

MEMORANDUM OPINION

HENLEY, Chief Judge.

This is a suit for declaratory and injunctive relief brought by the Merchants & Planters Bank of Newport, Arkansas, and the First National Bank of Newport, Arkansas, against James E. Smith, Comptroller of the Currency of the United States. Plaintiffs seek to invalidate a 1973 determination by Acting Comptroller Justin T. Watson that an application submitted by the First National Bank of Tuckerman, Arkansas, the...

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