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DAKOTA NAT. BANK & TRUST CO. v. FIRST NAT. BANK

No. 76-1585.

554 F.2d 345 (1977)

DAKOTA NATIONAL BANK AND TRUST CO., a National Banking Association, Appellant, v. FIRST NATIONAL BANK AND TRUST COMPANY OF FARGO, a National Banking Association, and James Smith, Comptroller of the Currency, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1977.

Rehearing and Rehearing Denied May 16, 1977.

Attorney(s) appearing for the Case

John D. Kelly (argued) and Beryl J. Levine, Fargo, N. D., on brief, for appellant.

Mark N. Mutterperl, Atty., App. Section, Civil Div., Dept. of Justice (argued), Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Harold O. Bullis, U. S. Atty., Fargo, N. D., and Leonard Schaitman, Washington, D. C., on brief, for appellee, Comptroller of the Currency.

Charles A. Feste (argued) and Wickham Corwin, Fargo, N. D., and Rodger Nordbye, Minneapolis, Minn., on brief, for appellee First Natl. Bank & Trust Co. of Fargo.

David O. Lee, Sp. Asst. Atty. Gen., Dept. of Banking & Financial Institutions, Bismarck, N. D., on brief, for amicus curiae, State Banking Bd.

Before LAY and ROSS, Circuit Judges, and WANGELIN, District Judge.

Rehearing and Rehearing En Banc Denied May 16, 1977.

ROSS, Circuit Judge.

This appeal again presents to the court a question of the proper construction of 12 U.S.C. § 36, the branch banking law. Dakota National Bank & Trust Co. (Dakota National) initiated this action to protest a decision of the Comptroller of the Currency to award the First National Bank and Trust Company of Fargo (First National) a branch certificate for its newly proposed branch...

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