MID-NEBRASKA BANCSHARES v. BD. OF GOVERNORS, ETC.

No. 78-1658.

627 F.2d 266 (1980)

MID-NEBRASKA BANCSHARES, INC., Petitioner, v. BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 15, 1980.

Rehearing Denied March 6, 1980.


Attorney(s) appearing for the Case

Lawrence F. Noble, Washington, D. C., with whom John V. Austin and Robert J. Routh, Washington, D. C., were on brief, for petitioner.

James V. Mattingly, Atty., Board of Governors of the Federal Reserve System, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Ronald R. Glancz, and Robert Kaplan, Attys., U. S. Dept. of Justice, and Neal L. Petersen, Gen. Counsel, Board of Governors of the Federal Reserve System, Washington, D. C., were on brief, for respondent.

Before WRIGHT, Chief Judge, TAMM, Circuit Judge, and JOYCE HENS GREEN, U.S. District Judge for the District of Columbia.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This case involves the authority of the Federal Reserve Board to deny an application by the owner of two local banks to form a one-bank holding company1 under the Bank Holding Company Act of 1956, 12 U.S.C. §§ 1841-1850 (1976), where the Board finds the affiliation of the two banks has anticompetitive effects that predate the application. Petitioner...

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