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FIRST NAT. BANK OF ABERDEEN v. ABERDEEN NAT. BANK

Nos. 79-1612, 79-1644.

627 F.2d 843 (1980)

FIRST NATIONAL BANK OF ABERDEEN and First National Bank of Aberdeen, Redfield Branch, a national banking corporation, Appellants, v. ABERDEEN NATIONAL BANK, also using name First Bank (N.A.) Aberdeen and the Spink County Branch of the Aberdeen National Bank, also using name First Bank (N.A.) Redfield, Appellees. FIRST NATIONAL BANK OF DULUTH, Appellant, v. NORTHERN CITY NATIONAL BANK and Duluth National Bank, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 6, 1980.

Attorney(s) appearing for the Case

Lloyd C. Richardson, Jr., Aberdeen, S. D., for appellant in case no. 79-1612.

Thomas R. Thibodeau and James A. Wade, Duluth, Minn., for appellant in case no. 79-1644.

R. D. Miller, Aberdeen, S. D., for appellee in case no. 79-1612.

David A. Ranheim and Darron C. Knutson, Minneapolis, Minn. for appellee in nos. 79-1612, 79-1644.

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

HENLEY, Circuit Judge.

These two consolidated appeals raise the same substantive issue decided by us today in State of North Dakota v. Merchants National Bank & Trust Co., No. 79-1342 (8th Cir. 1980): whether section 30 of the National Bank Act (NBA) preempts the common law of unfair competition insofar as applied to Comptroller-approved name changes by national banks. But unlike the plaintiff in North Dakota, plaintiffs in the present cases commenced...

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