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SANDY STATE BANK v. BRIMHALL

No. 17322.

636 P.2d 481 (1981)

SANDY STATE BANK, a Utah banking corporation, Plaintiff and Appellant, v. W.S. BRIMHALL, Utah State Commissioner of Financial Institutions, Mirvin D. Borthick, Successor in Office to W.S. Brimhall, and Draper Bank and Trust Company, a Utah Corporation, Defendants and Respondents.

Supreme Court of Utah.

September 16, 1981.

Attorney(s) appearing for the Case

Larry G. Reed, Salt Lake City, for plaintiff and appellant.

David L. Wilkinson, William G. Gibbs, Dwight L. King, Salt Lake City, for defendants and respondents.

HALL, Chief Justice:

Plaintiff Sandy State Bank challenges the judgment of the district court which affirmed the order of the Commissioner of Financial Institutions granting the application of defendant Draper Bank and Trust Company (hereinafter "Draper Bank") to open a branch bank.

Three points are raised on appeal: 1) that the location of the approved branch bank violates the geographical limitations imposed by statute;1 2) that...

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