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HEMPSTEAD BANK v. SMITH

No. 1057, Docket 76-6047.

540 F.2d 57 (1976)

HEMPSTEAD BANK, Plaintiff-Appellant, v. James E. SMITH, Comptroller of the Currency of the United States and the Chase Manhattan Bank, National Association, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 12, 1976.

Attorney(s) appearing for the Case

Gilbert Henoch, Hempstead, N.Y. (Dalton & Henoch, Hempstead, N.Y., on the brief), for plaintiff-appellant.

Nathaniel L. Gerber, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S.D.N.Y., Taggart D. Adams, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee James E. Smith, Comptroller of the Currency of the United States.

Richard C. Tufaro, New York City (Milbank, Tweed, Hadley & McCloy, and Andrew J. Connick, New York City, on the brief), for defendant-appellee The Chase Manhattan Bank, N.A.

Before LUMBARD, ANDERSON and OAKES, Circuit Judges.

LUMBARD, Circuit Judge:

Hempstead Bank, a New York state-chartered commercial bank with branches in Nassau and Suffolk Counties, brought this action in the Southern District to set aside as arbitrary and capricious the Comptroller of the Currency's approval of the establishment of a branch of Chase Manhattan Bank, a national bank, in Locust Valley, New York.1 The district court held that there was an adequate factual basis in the administrative...

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