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CITIZENS STATE BANK, MARSHFIELD v. STATE BANKING BD.

No. 11090.

602 S.W.2d 895 (1980)

CITIZENS STATE BANK, MARSHFIELD, Missouri, and William G. Magers, Plaintiffs-Appellants, v. STATE BANKING BOARD of Missouri, and its Members, William J. Bollwerk, William F. Enright, Jr., L. W. Meier, Jr., Don C. Redding, and Daniel J. McAuliffe, and Edgar H. Crist, Commissioner of Finance, Defendants-Respondents, and Webster County Bank, Intervenor-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and for Transfer Denied August 14, 1980.

Application to Transfer Denied September 9, 1980.

Attorney(s) appearing for the Case

Robert W. Spangler, Crouch, Crouch, Spangler & Douglas, Harrisonville, Glenn A. Burkart, Mann, Walter, Burkart, Weathers & Walter, Springfield, for plaintiffs-appellants.

John D. Ashcroft, Atty. Gen., Terry C. Allen, Asst. Atty. Gen., Irven L. Friedhoff, Gen. Counsel, Division of Finance, Jefferson City, for defendants-respondents.

William H. McDonald, Woolsey, Fisher, Whiteaker & Stenger, Springfield, for intervenor-respondent.

PREWITT, Judge.

This appeal is from a circuit court judgment affirming an order of the State Banking Board granting a charter to the Webster County Bank.

An application for a certificate of incorporation for the Webster County bank was filed with the Commissioner of Finance. Pursuant to § 362.030, RSMo 1969, the Commissioner investigated, determined that the "statutory criteria have been met", and granted the charter. It was "conditioned" upon a commitment...

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