No. 81-5316.

683 F.2d 999 (1982)

AMERICAN FIDELITY BANK & TRUST COMPANY & John L. Williams, Jr., Commissioner, Department of Banking & Securities, Commonwealth of Kentucky, Plaintiffs-Appellants, v. John G. HEIMANN, Comptroller of the Currency, U.S. Department of the Treasury and First National Bank & Trust Company of Corbin, Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 20, 1982.

Attorney(s) appearing for the Case

Thomas W. Bullitt, Stewart L. Prather, Wyatt, Tarrant & Combs, Richard W. Iler, Louisville, Ky., Andrew Palmer, III, Frankfort, Ky., for plaintiffs-appellants.

Patrick Molloy, U. S. Atty., Thomas L. Self, Asst. U. S. Atty., G. Lee Langston, Stoll, Keenon & Park, Lexington, Ky., L. Robert Griffin, Ronald R. Glancz, Litigation Div., Comptroller of the Currency, Washington, D. C., for defendants-appellees.

Before LIVELY and KRUPANSKY, Circuit Judges, and GILMORE, District Judge.

LIVELY, Circuit Judge.

The question in this case is whether the Comptroller of the Currency properly granted the application of a national bank to establish a branch. The case arises out of a somewhat unusual situation. The City of Corbin, Kentucky is incorporated in two Kentucky counties, Whitley and Knox. Though the older part of the city is primarily in Whitley County, recent growth has placed a significant portion of Corbin in adjoining Knox County. Kentucky does...

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