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BANK OF HAMILTON v. STATE BANKING BD.

Civ. No. 9131.

236 N.W.2d 921 (1975)

The BANK OF HAMILTON, Petitioner and Appellant, v. The STATE BANKING BOARD, Appellee, and The Bank of Neche, Intervenor and Appellant, and The Bank of Cavalier, Intervenor.

Supreme Court of North Dakota.

Rehearing Denied January 16, 1976.

Attorney(s) appearing for the Case

Raymond A. Lamb, Moorhead, Minn., and Wesley Argue, Hamilton, for the Bank of Hamilton, applicant and appellee; argued by Raymond A. Lamb, Moorhead, Minn.

Vogel, Vogel, Brantner & Kelly, Fargo, for Citizens State Bank of Neche, protestant and appellant; argued by Kermit Bye, Fargo.

Allen I. Olson, Atty. Gen., and David O. Lee, Special Asst. Atty. Gen., for State Banking Board; argued by David O. Lee, Bismarck.

ERICKSTAD, Chief Justice.

In early 1974 the Bank of Hamilton applied to the State Banking Board (hereinafter called Board) to move to Cavalier, to change its name, and to establish a paying and receiving station at its old location at Hamilton. Pursuant to notice, the Board on April 19, 1974, heard the matter. Two parties protested the application: First State Bank of Cavalier (hereinafter called Bank of Cavalier) and Citizens...

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