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FIRST NAT. BANK, ETC. v. NAT. BANK OF SOUTH DAKOTA

No. 81-1803.

667 F.2d 708 (1981)

The FIRST NATIONAL BANK IN SIOUX FALLS, a national banking corporation, Appellant, v. NATIONAL BANK OF SOUTH DAKOTA and all its Branches using the name of First Bank of South Dakota (N.A.) — Sioux Falls, a national banking corporation and John Heimann, Comptroller of the Currency, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1981.

Attorney(s) appearing for the Case

Michael F. Pieplow (argued), Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellant.

Dorsey, Windhorst, Hannaford, Whitney & Halladay, David A. Ranheim (argued), Daniel P. O'Keefe, Minneapolis, Minn., for appellee National Bank of South Dakota.

Jeffrey L. Viken, Acting U. S. Atty., J. Paul McGrath, Acting Asst. Atty. Gen. U. S. Dept. of Justice, Ronald R. Glancz, James F. E. Gillespie, Jr. (argued), Attys., Litigation Div., Washington, D. C., for appellee Heimann.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and HUNTER, Senior District Judge.

ELMO B. HUNTER, Senior District Judge.

The First National Bank in Sioux Falls (FNB Sioux Falls) appeals from the summary judgment entered by the district court1, 517 F.Supp. 1296, affirming the Comptroller of the Currency's approval of a name change for National Bank of South Dakota (National Bank) to First Bank of South Dakota (N.A.). The district court ordered a stay of the change pending this appeal...

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