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SAND MOUNTAIN BANK v. ALBERTVILLE NAT. BANK

82-289.

442 So.2d 13 (1983)

The SAND MOUNTAIN BANK v. ALBERTVILLE NATIONAL BANK, et al.

Supreme Court of Alabama.

Rehearing Denied December 16, 1983.

Attorney(s) appearing for the Case

Laurence D. Vinson, Jr., of Bradley, Arant, Rose & White, Birmingham, and Franklin J. Allen, II, Boaz, for appellant.

Charles R. Hare, Jr., of Gullahorn & Hare, Albertville, for appellees.

C. Lanier Branch of Copeland, Franco, Screws & Gill, Montgomery, for amicus curiae Modern Banking Ass'n of Ala.

Terry R. Smyly, Asst. Atty. Gen., for amicus curiae State of Ala. Banking Dept.

H. Hampton Boles and Ralph F. MacDonald, III, of Balch, Bingham, Baker, Hawthorne, Williams & Ward and D. Paul Jones, Jr., Birmingham, for amicus curiae Central Bank of the South.

PER CURIAM.

This is an appeal from an order issued by the Marshall County Circuit Court enjoining Sand Mountain Bank from maintaining and operating an automated teller machine (ATM) and night depository within the corporate limits of Albertville, Alabama.

Defendant, Sand Mountain Bank, is a state bank. Its principal offices are maintained in Boaz. In March and April 1980, Sand Mountain Bank filed applications with the Federal Deposit Insurance Corporation...

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