STATE OF N. D. v. MERCHANTS NAT. BANK & TRUST CO.

No. 79-1342.

634 F.2d 368 (1980)

The STATE OF NORTH DAKOTA, d/b/a Bank of North Dakota, Appellant, v. MERCHANTS NATIONAL BANK AND TRUST COMPANY, FARGO, NORTH DAKOTA; Red River National Bank and Trust Company, Grand Forks, North Dakota; Jamestown National Bank, Jamestown, North Dakota; Union National Bank, Minot, North Dakota; Wahpeton National Bank, Wahpeton, North Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 6, 1980.


Attorney(s) appearing for the Case

Peter B. Work, Crowell & Moring, Washington, D.C., and Maurice E. Cook, Sp. Asst. Atty. Gen., Bismarck, N. D., for appellant.

Frank J. Magill, Fargo, N. D., and David A. Ranheim, Paul J. Scheerer, and Darron C. Knutson, Minneapolis, Minn., for appellees.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., James R. Britton, U. S. Atty., Fargo, N. D., Ronald R. Glancz and Linda Jan S. Pack, Attys., Dept. of Justice, Civil Division, Appellate Staff, and Dorothy A. Sable and Marilyn Britwar, Attys., Washington, D. C., for amicus curiae, Comptroller of Currency.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY and McMILLIAN, Circuit Judges, En Banc.


HENLEY, Circuit Judge.

The State of North Dakota appeals from an order of the district court,1 granting the motion of the five defendant national banks to dismiss the State's complaint for failure to state a claim on which relief could be granted. The State had sought to enjoin defendants from using their newly adopted names, on the ground that the names were confusingly similar to that of the State's central bank and would thus violate...

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