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ST. EX REL. 1ST NAT. BANK v. M & I PEOPLES BANK

No. 77-515.

95 Wis.2d 303 (1980)

290 N.W.2d 321

STATE of Wisconsin EX REL. the FIRST NATIONAL BANK OF WISCONSIN RAPIDS, Wisconsin, Plaintiff Farmers and Merchants Bank of Rudolph, Wisconsin, Plaintiff-Appellant, v. M & I PEOPLES BANK OF COLOMA, Wisconsin Banking Review Board, and Erich Mildenberg, Commissioner of Banking, State of Wisconsin, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided April 1, 1980.

Attorney(s) appearing for the Case

For the appellant there were briefs by Brazeau, Potter, Wefel & Nettesheim of Wisconsin Rapids, and Anderson, Fisher, Shannon, O'Brien & Rice of Stevens Point, of counsel, with oral argument by Nicholas J. Brazeau and John E. Shannon, Jr.

For the respondents there was a joint brief by Frank J. Pelisek, K. Thor Lundgren and Michael, Best & Friedrich of Milwaukee, for M & I Peoples Bank, and by Bronson C. La Follette, attorney general, Lowell E. Nass, assistant attorney general, and Robert A. Patrick, of counsel, for the Banking Review Board and Erich Mildenberg, with oral argument by Lowell E. Nass and Robert A. Patrick.

WILLIAM G. CALLOW, J.

The Farmers and Merchants Bank of Rudolph, Wisconsin (Farmers), appeals from a judgment and an order denying its request for injunctive relief and dismissing its complaint in quo warranto and, additionally, for a declaratory judgment on its merits. We affirm.

On January 17, 1973, the M & I Peoples Bank of Coloma, Wisconsin (M & I), filed an application with the Commissioner of Banking...

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