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STATE OF N. D. v. MERCHANTS NAT. BANK & TRUST CO.

No. 77-1902.

579 F.2d 1112 (1978)

The STATE OF NORTH DAKOTA, doing business as the Bank of North Dakota, Appellant, v. MERCHANTS NATIONAL BANK AND TRUST COMPANY, FARGO, NORTH DAKOTA, Red River National Bank and Trust Company, Grand Forks, North Dakota, Jamestown National Bank, Jamestown, North Dakota, Union National Bank, Minot, North Dakota, Wahpeton National Bank, Wahpeton, North Dakota and John Heimann, Comptroller of the Currency, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1978.

Attorney(s) appearing for the Case

Peter B. Work, Jones, Day, Reavis & Pogue, Washington, D.C., argued, for appellant; James F. Bell and Michael J. Petrina, Jr., Washington, D.C., and Maurice E. Cook, Sp. Asst. Atty. Gen., Bismarck, N. D., on brief.

David Ranheim, Minneapolis, Minn., argued, for appellee, banks; Paul J. Scheerer of Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., Frank J. Magill, Fargo, N. D., on brief.

Linda Jan S. Pack, Atty., App. Sec., Civ. Div., Dept. of Justice, Washington, D.C., argued, for appellee, Comptroller; Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., James R. Britton, U.S.Atty., Fargo, N. D., and Ronald R. Glancz, Atty., Washington, D.C., on brief.

Before GIBSON, Chief Judge, HENLEY, Circuit Judge and SCHATZ, District Judge.

GIBSON, Chief Judge.

This case involves a challenge to the actions of the appellee national banks in changing their names and the actions of the Comptroller of the Currency (Comptroller) in approving the new names. The State of North Dakota, doing business as the Bank of North Dakota (State Bank), brought this action in the District Court for review of the Comptroller's administrative action approving the name change. The State Bank also contends that it challenged...

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