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DEPARTMENT OF BANKING & SEC. v. COLEMAN

594 S.W.2d 895 (1979)

DEPARTMENT OF BANKING AND SECURITIES of Kentucky, and John L. Williams, Jr., Commissioner of Banking and Securities of Kentucky, Appellants, v. Jim C. COLEMAN, Roger Glass, Cloyd P. Bartley, Wallace Bartley, Ernest Lyons, John W. McCarley, Johnny Shaw, Royce Smith, and Weldon Tucker, Incorporators of Central State Bank, Inc., and Central State Bank, Inc., Appellees. EDMONTON STATE BANK, a Kentucky Corporation, Appellant, v. DEPARTMENT OF BANKING AND SECURITIES of Kentucky, and John L. Williams, Jr., Commissioner of Banking and Securities of Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied March 25, 1980.

Attorney(s) appearing for the Case

Kirtley B. Amos, Dept. of Banking and Securities, Frankfort, for Dept. of Banking and Securities of Kentucky and John L. Williams, Jr., Com'r of Banking and Securities of Kentucky.

John B. Baughman, William P. Curlin, Jr., Hazelrigg & Cox, Frankfort, for appellant, Edmonton State Bank.

William A. Young, Frankfort, for appellees, Jim C. Coleman, et al.

Before HOWARD, HOWERTON and WINTERSHEIMER, JJ.

HOWERTON, Judge.

The commissioner of banking and securities denied the application of Coleman and others for a new bank charter. He also denied the application of the Edmonton State Bank for a permit to establish a branch. Both applications came from Metcalfe County. The Franklin Circuit Court reversed the commissioner's ruling as to the new bank, and directed that a charter be issued. The trial judge affirmed the decision to deny the branch. We now have an appeal...

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