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MARK TWAIN CP. GIRARDEAU BK. v. ST. BKG. BD.

No. 35928.

528 S.W.2d 443 (1975)

MARK TWAIN CAPE GIRARDEAU BANK, Plaintiff-Appellant, and William Kostman, Commissioner of Division of Finance, State of Missouri, Defendant-Appellant, v. STATE BANKING BOARD of Missouri, Defendants-Respondents, and Cape State Bank and Trust Co. and First National Bank of St. Charles, Missouri, et al., Intervenors-Respondents.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing or Transfer Denied September 8, 1975.

Application to Transfer Denied November 10, 1975.

Attorney(s) appearing for the Case

Hal E. Hunter, Jr., New Madrid, Hearnes, Padberg, Raack, McSweeney & Slater, St. Louis, for plaintiff.

John C. Danforth, Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, Niedner, Moerschel, Nack & Ahlheim, St. Charles, Carson, Inglish, Monaco & Coil, Cullen Coil, Hendren & Andrae, Jefferson City, Oliver, Oliver & Jones, Cape Girardeau, McFadin & White, North Kansas City, Mueller & Statler, Jackson, for defendants.

CLEMENS, Presiding Judge.

Plaintiff Mark Twain Cape Girardeau Bank (the proposed bank) appeals from defendant State Banking Board's (the Board) denial of its application for a bank charter.

The proposed bank's incorporators are seven individuals and Mark Twain Bancshares (Bancshares), a holding company subscribing to 90 per cent of the proposed bank's stock. The Commissioner of Finance conducted an ex parte investigation and issued the charter. Thereafter...

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