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STATE OF MISSOURI EX REL. KOSTMAN v. FIRST NAT. BANK

No. 76-1056.

538 F.2d 219 (1976)

STATE OF MISSOURI ex rel. W. R. KOSTMAN, Commissioner of Finance, Plaintiff-Appellee, v. FIRST NATIONAL BANK IN ST. LOUIS, a National Banking Association, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1976.

Attorney(s) appearing for the Case

R. H. McRoberts, St. Louis, Mo., for defendant-appellant; Robert L. Sweney and C. Perry Bascom, St. Louis, Mo., on brief.

Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, Mo., for plaintiff-appellee; John C. Danforth, Atty. Gen., and Irven L. Friedhoff, Gen. Counsel, Div. of Finance, Jefferson City, Mo., on brief.

Before HEANEY and HENLEY, Circuit Judges, and SCHATZ, District Judge.

PER CURIAM.

The First National Bank in St. Louis appeals from the decision of the District Court finding that the Bank's operation of customer-bank, communication terminals (CBCTs) constituted the operation of branch banking within the meaning of 12 U.S.C. § 36(f). The District Court found that this conclusion mandated the further finding that the Bank maintained more than two branch banks and was, therefore, in violation of 12 U.S.C. § 36(c). The District...

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