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FIRST BANK & TRUST CO. v. SMITH

No. 76-1298.

545 F.2d 752 (1976)

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 September 27, 1976.

Attorney(s) appearing for the Case

Michael T. Putziger, Boston, Mass., with whom Roche, Carens & DeGiacomo, Boston, Mass., were on brief for appellant and opposition to motion for summary affirmance.

Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., with whom John M. Rogers, Atty., Dept. of Justice, Washington, D. C., were on motion for summary affirmance for Comptroller of the Currency, appellee.

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

PER CURIAM.

This action challenging a decision by the Comptroller of the Currency approving an application of defendant-appellee, Middlesex Bank, a national bank, to establish a branch bank in Chelmsford, Massachusetts, first came to us on appeal from the district court's grant of summary judgment in favor of the defendants. First Bank and Trust Co. v. Smith, 509 F.2d 663 (1st Cir.1975). We vacated the judgment and remanded...

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