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CENTRAL BANK & TRUST v. DEPT. OF FIN. INST.

No. 2-374A73.

354 N.E.2d 309 (1976)

CENTRAL BANK and TRUST, Gaston, Indiana, Appellant, v. DEPARTMENT OF FINANCIAL INSTITUTIONS OF THE STATE OF INDIANA ET AL., Appellees.

Court of Appeals of Indiana, Second District.

September 7, 1976.

Attorney(s) appearing for the Case

Henry C. Ryder, D. Reed Scism, Roberts, Ryder & Rogers, Indianapolis, William H. Bales, Jr., Bales & Bales, Muncie, for appellant.

John H. Moll, Gregory A. Huffman, De Fur, Voran, Hanley, Radcliff & Reed, Muncie, for The Merchants Nat. Bank of Muncie and American National Bank & Trust Co.

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for Dept. of Financial Institutions of the State of Ind.

Frank E. Gilkinson, White, Pierce, Beasley & Gilkison, Muncie, for Industrial Trust & Sav. Bank.

WHITE, Judge.

The Indiana Department of Financial Institutions (Department) refused to approve the application of Central Bank and Trust of Gaston (Central) for permission to move its home office from Gaston (pop. 928) to 4910 Kilgore Avenue, Muncie (pop. 69,080) where it maintains a branch bank. The branch was established with the Department's approval at a time when 4910 Kilgore was not considered to be within Muncie's boundary. By the time Central proposed these...

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