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STATE BANK OF FARGO v. MERCHANTS NAT. BANK & TRUST

No. 78-1505.

593 F.2d 341 (1979)

STATE BANK OF FARGO, a North Dakota State Banking Association, Appellant, v. The MERCHANTS NATIONAL BANK AND TRUST COMPANY OF FARGO, a National Banking Association, and John G. Heiman, Comptroller of the Currency, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 28, 1979.

Attorney(s) appearing for the Case

Ronald H. McLean of Tenneson, Serkland, Lundberg, Erickson, Leclerc & Marcil, Fargo, N. D., argued and on brief, for appellant.

David A. Ranheim of Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn. (argued), J. David Jackson, Minneapolis, Minn., and Frank J. Magill of Nilles, Hansen, Selbo, Magill & Davies, Fargo, N. D., on brief, for appellees.

Before MATTHES, Senior Circuit Judge, HENLEY, Circuit Judge, and NANGLE, District Judge.

HENLEY, Circuit Judge.

This branch banking case, which comes to us from the United States District Court for the District of North Dakota,1 involves the right of a national bank domiciled in the State just mentioned to operate under authority issued by the Comptroller of the Currency of the United States machines known as customer electronic funds transfer centers, commonly referred to as CBCT...

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