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FIRST NAT. BANK OF MILACA v. HEIMANN

No. 77-1628.

572 F.2d 1244 (1978)

FIRST NATIONAL BANK OF MILACA, Appellant, v. John G. HEIMANN, Comptroller of the Currency of the United States, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1978.

Attorney(s) appearing for the Case

Kevin J. Hughes, Hughes, Hughes, Thoreen & Sullivan, St. Cloud, Minn. (argued), and Fred J. Hughes, St. Cloud, Minn., on brief, for appellant.

Donald Etra, Atty., App. Sec., Civ. Div., Dept. of Justice, Washington, D. C. (argued), Ronald R. Glancz, Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., and Andrew W. Danielson, U. S. Atty., Minneapolis, Minn., on brief, for appellee.

Before BRIGHT, STEPHENSON and HENLEY, Circuit Judges.

HENLEY, Circuit Judge.

This is a suit for injunctive relief and for damages brought by the First National Bank of Milaca, hereinafter called the Bank or plaintiff, against the Comptroller of the Currency of the United States,1 in the United States District Court for the District of Minnesota. The Bank, a relatively small institution, is located in Milaca, Minnesota. It complains of a regulation promulgated by the Comptroller in January...

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