BANK OF COMMERCE v. SMITH

No. 74-1185.

513 F.2d 167 (1975)

BANK OF COMMERCE, a State Chartered Commercial Bank, Appellant, v. James E. SMITH, Comptroller of the Currency of the United States, et al., Appellees.

United States Court of Appeals Tenth Circuit.

Decided March 21, 1975.

Rehearing Denied April 23, 1975.


Attorney(s) appearing for the Case

Richard L. Eason, Simon, Eason, Hoyt & Malone, P.C., Englewood, Colo. (Henry A. Burgess, Sheridan, Wyo., with him on the brief), for appellant.

Donald Etra, Atty., Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., Richard V. Thomas, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, with him on the brief), for appellee James E. Smith, Comptroller of the Currency of the United States.

William P. Johnson, Rothgerber, Appel & Powers, Denver, Colo. (Hanes, Carmichael, Johnson, Gage & Speight, P.C., Cheyenne, Wyo., with him on the brief), for appellees, F. A. Rummel, Jr., Sol W. Bernstein, K. L. McShane, Lee Van Deren and Paul L. Howes, Organizers of the Proposed "Bank of Wyoming, N.A.," and Wyoming Bancorporation.

Before SETH, BARRETT and DOYLE, Circuit Judges.


PER CURIAM.

The plaintiff bank challenges and seeks to review the preliminary approval given by the Comptroller of the Currency to the organization of the "Bank of Wyoming, N.A." as a national bank at Sheridan, Wyoming, and as a subsidiary of Wyoming Bancorporation, a bank holding company.

The trial court granted judgment on the pleadings for the Comptroller and granted the defendant bank's motion to dismiss. The court held that it did not have jurisdiction...

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