OZARK BANK v. SMITH

No. 75CV348-S.

423 F.Supp. 406 (1976)

OZARK BANK, Plaintiff, v. James E. SMITH, Comptroller of the Currency, et al., Defendants.

United States District Court, W. D. Missouri, S. D.

October 26, 1976.


Attorney(s) appearing for the Case

Menefee D. Blackwell, Stephen T. Adams, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for plaintiff.

Rex E. Lee, Asst. Atty. Gen., James C. England, Asst. U. S. Atty., Springfield, Mo., Harland F. Leathers and Nicholas H. Diacou, Dept. of Justice, Washington, D. C., for defendant James E. Smith.

Joe C. Greene, Springfield, Mo., for remaining defendants.


MEMORANDUM AND ORDER

COLLINSON, District Judge.

This is a complaint by which plaintiff seeks judicial review of the final decision of the Comptroller of the Currency approving the application of defendant organizers to establish a national bank. The action is brought under the provisions of 5 U.S.C. § 702 (1970). The cause pends on cross-motions for summary judgment.

On April 29, 1974, application was made to the Comptroller by seven individuals...

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