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NATIONAL STATE BANK OF ELIZABETH, N. J. v. SMITH

Nos. 78-1160, 78-1161, 78-1162 and 78-1331.

591 F.2d 223 (1979)

NATIONAL STATE BANK OF ELIZABETH, N. J., Plaintiff, New Jersey Bankers Association, Intervening Plaintiff, Appellants in No. 78-1160, v. James E. SMITH, Comptroller of the Currency, Federal Home Loan Bank Board, Gilbert G. Roessner, Gerald E. Rupp, Alfred H. Hedden, David W. Matchett, Ronald J. Tell, John W. Atherton, Jr., City Federal Savings and Loan Association, and City Consumer Services, Inc., Defendants. Appeal of CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, City Consumer Services, Inc., Gilbert G. Roessner, Gerald E. Rupp, Alfred H. Hedden, David W. Matchett, Ronald J. Tell and John W. Atherton, Jr., in Nos. 78-1161 and 78-1331. Appeal of John G. HEIMANN, Comptroller of the Currency, in No. 78-1162.

United States Court of Appeals, Third Circuit.

Decided January 15, 1979.

As Amended on Denial of Rehearing February 5, 1979.

Attorney(s) appearing for the Case

Michael F. Spicer, Jamieson, McCardell, Moore, Peskin & Spicer, Princeton, N. J., for New Jersey Bankers Assoc., appellant in No. 78-1160 and cross-appellee in Nos. 78-1161-62 and 78-1331.

Ralph L. Straw, Jr., Wharton, Stewart & Davis, Somerville, N. J., for National State Bank of Elizabeth, New Jersey, appellant in No. 78-1160 and cross-appellee in Nos. 78-1161 to 78-1162 and 78-1331.

William F. McKenna, McKenna & Fitting, Los Angeles, Cal., for City Federal Savings & Loan Association, et al., appellees in No. 78-1161 and 78-1162 and cross-appellants in No. 78-1161 and 78-1331.

Barbara L. Herwig, App. Section, Civ. Div., Dept. of Justice, Washington, D.C., for John G. Heimann, Comptroller of the Currency, appellee in Nos. 78-1160, 78-1161 and 78-1331 and appellant in No. 78-1162.

Harvey Simon, Federal Home Loan Bank Board, Washington, D.C., for appellee, Federal Home Loan Bank Board.

Before GARTH, BIGGS and MARIS, Circuit Judges.

OPINION OF THE COURT

MARIS, Circuit Judge.

This civil action was brought in the District Court for the District of New Jersey on July 29, 1976, by National State Bank of Elizabeth, N. J., (herein National State), against the Comptroller of the Currency (herein Comptroller), the Federal Home Loan Bank Board (herein Board), City Federal Savings and Loan Association (herein City Federal), City Consumer Services, Inc. (herein City Consumer) and Gilbert G. Roessner...

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