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FIRST BANK AND TRUST COMPANY v. SMITH

No. 74-1263.

509 F.2d 663 (1975)

The FIRST BANK AND TRUST COMPANY, Plaintiff-Appellant, v. James E. SMITH, Comptroller, etc., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided January 3, 1975.

Attorney(s) appearing for the Case

Michael T. Putziger, Boston, Mass., with whom Roche, Carens & DiGiacomo, Boston, Mass., was on brief for appellants.

William A. Waldron, Boston, Mass., with whom Alan L. Lefkowitz, Paul E. Clifford, and Gaston, Snow & Ely Bartlett, Boston, Mass., were on brief for Middlesex Bank, N.A., appellee.

Morton Hollander, Atty., Dept. of Justice, with whom Carl A. Hills, Asst. Atty. Gen., James N. Gabriel, U. S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, were on brief for James E. Smith, Comptroller of the Currency of the United States, appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal requires us to review a decision by the Acting Comptroller of the Currency of the United States approving an application for permission to establish a branch bank in Chelmsford, Massachusetts. The district court, on the basis of the administrative record and an affidavit supplied by the applicant, granted summary judgment for the defendant Comptroller. Fed.R.Civ.P. 56(b). We vacate and remand for further proceedings.<...

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