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NATIONAL RETAILERS CORP. v. VALLEY NAT. BANK

Nos. 76-1855, 76-1850, 76-2030 and 76-2339.

604 F.2d 32 (1979)

NATIONAL RETAILERS CORPORATION OF ARIZONA, Plaintiff-Appellee, v. The VALLEY NATIONAL BANK OF ARIZONA, a national banking association, and James E. Smith, acting Comptroller of the Currency, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 9, 1979.

Attorney(s) appearing for the Case

Charles E. James, Jr., Phoenix, Ariz., Michael F. Hertz, Washington, D. C., for defendants-appellants.

Susan M. Freeman, Jeremy E. Butler, Phoenix, Ariz., for plaintiff-appellee.

Before ELY and CARTER, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

In these consolidated appeals the Comptroller of the Currency and the Valley National Bank appeal from the judgment of the District Court below, reported at 411 F.Supp. 308 (D.Ariz.1976), holding that the offering of electronic data processing services to the public generally by Valley National Bank, in reliance upon an interpretive ruling of the Comptroller,1 exceeded the national bank...

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