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FIRST U. BANK & TRUST CO., ETC. v. HEIMANN

No. 78-1487.

600 F.2d 91 (1979)

FIRST UNION BANK AND TRUST COMPANY OF WINAMAC, INDIANA, Plaintiff-Appellant, v. John G. HEIMANN, Comptroller of the Currency and First National Bank of Monterey, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 1979.

Attorney(s) appearing for the Case

William F. Welch, Indianapolis, Ind., for plaintiff-appellant.

Gary L. Ryan, Litigation Div., Comptroller of the Currency, Administrator of the National Banks, Washington, D. C., James B. Meyer, Schererville, Ind., for defendants-appellees.

Before FAIRCHILD, Chief Judge, PELL, Circuit Judge, and WHELAN, Senior District Judge.

PELL, Circuit Judge.

The plaintiff-appellant, First Union Bank of Winamac, Indiana, (Winamac Bank) brought this action in the district court for declaratory and injunctive relief, seeking to have set aside an order by the defendant Comptroller of the Currency. The order at issue approved the establishment of a branch bank by the defendant First National Bank of Monterey (Monterey Bank) on the east side of U.S. Highway 35 north...

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