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STATE BANK OF FARGO v. MERCHANTS NAT. BANK & TRUST

Civ. No. A3-76-9.

451 F.Supp. 775 (1978)

STATE BANK OF FARGO, a North Dakota State Banking Association, Plaintiff, v. The MERCHANTS NATIONAL BANK AND TRUST COMPANY OF FARGO, a National Banking Association, and John G. Heimann, Comptroller of the Currency, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

May 31, 1978.

Attorney(s) appearing for the Case

Norman G. Tenneson, Tenneson, Serkland, Lundberg & Erickson, Fargo, N. D., for plaintiff.

Frank J. Magill, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for Merchants.

Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., for defendants; David A. Ranheim, of counsel.

James R. Britton, U. S. Atty., Fargo, N. D., for Comptroller.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

Plaintiff in the above-entitled action challenges the granting by defendant Comptroller of the Currency1 (Comptroller) of branch certificates for the operation of two customer electronic funds transfer centers, otherwise known as customer bank communications terminals (CBCTs),2 by defendant The Merchants...

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