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FIRST NAT. BANK OF EDEN, ETC. v. DEPARTMENT, ETC.

No. 77-1483.

568 F.2d 610 (1978)

In the Matter of FIRST NATIONAL BANK OF EDEN, SOUTH DAKOTA, Petitioner, v. DEPARTMENT OF the TREASURY, OFFICE OF the COMPTROLLER OF the CURRENCY, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided January 13, 1978.

Attorney(s) appearing for the Case

L. R. Gustafson, Britton, S. D., for petitioner.

Michael F. Hertz, Atty., Appellate Section, Civil Division, U. S. Dept. of Justice, Washington, D. C., Barbara Allen Babcock, Asst. Atty. Gen., Ronald R. Glancz, Attys. and Gary L. Ryan, Atty., Litigation Div., Washington, D. C., on brief, for respondent.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

PER CURIAM.

First National Bank of Eden seeks review of an order issued by the Comptroller of the Currency requiring petitioner to cease and desist from certain banking practices found to be "unsafe or unsound" within the meaning of 12 U.S.C. § 1818(b).

In September 1976 the Comptroller served upon the Bank a Notice of Charges, along with a temporary cease-and-desist order, alleging that the Bank had "violated...

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