ST. OF COLO., ETC. v. FIRST NAT. BANK OF FT. COLLINS

Nos. 75-1523, 75-1611, 75-1612.

540 F.2d 497 (1976)

STATE OF COLORADO ex rel. STATE BANKING BOARD et al., Plaintiffs-Appellants and Cross-Appellees, v. FIRST NATIONAL BANK OF FORT COLLINS, and James E. Smith, Comptroller of the Currency of the United States, Defendants-Appellees and Cross-Appellants, and the Conference of State Bank Supervisors as Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Decided August 20, 1976.


Attorney(s) appearing for the Case

Mary J. Mullarkey, First Asst. Atty. Gen., Denver, Colo. (J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., and Edward G. Donovan, Sol. Gen., Denver, Colo., on the brief), for plaintiffs-appellants and cross-appellees.

William H. Brown, Fort Collins, Colo., for First National Bank of Fort Collins, and Michael Kimmel, Dept. of Justice, Washington, D. C., for James E. Smith, Comptroller of the Currency (Ward H. Fischer, Fischer, Brown, Huddleson & Gunn, Fort Collins, Colo., for First National Bank of Fort Collins, and Rex E. Lee, Asst. Atty. Gen., Washington, D. C., James L. Treece, U. S. Atty., Denver, Colo., Ronald R. Glancz, Dept. of Justice, Washington, D. C., and C. Westbrook Murphy and Edward Jiran, Washington, D. C., of counsel, for the Comptroller of the Currency, on the brief), for defendants-appellees and cross-appellants.

James F. Bell, Washington, D. C. (Peter B. Work, Jones, Day, Reavis & Pogue, Washington, D. C., on the brief), for the Conference of State Bank Supervisors, as amicus curiae.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

This appeal concerns the efforts of the First National Bank of Fort Collins, Colorado to install an electronic banking facility, commonly known as a customer-bank communications terminal (CBCT), in a regional shopping center situate approximately two miles from its main bank building located in downtown Fort Collins. This CBCT permits the Bank's customers, through the use of a coded card, to transact...

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