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DEPT. OF FIN. INSTIT. v. COLONIAL BANK & TRUST CO.

No. 2-975 A 254.

375 N.E.2d 285 (1978)

DEPARTMENT OF FINANCIAL INSTITUTIONS, Appellant (Defendant below), v. COLONIAL BANK & TRUST COMPANY, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied August 10, 1978.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Arthur M. Small, Susan J. Davis, Deputy Attys. Gen., Indianapolis, for appellant.

Dean E. Richards, Indianapolis, for appellee.

BUCHANAN, Chief Judge.

CASE SUMMARY

The Department of Financial Institutions (Department) appeals a decision by the Marion Superior Court, Number Three, reversing its denial of Colonial Bank & Trust Co.'s (Colonial) application to establish a new commercial banking institution, claiming that any procedural errors by the Department were harmless, that the court misinterpreted "public necessity" as stated in Ind. Code 28-1-2-26, and that the denial by...

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