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INDEPENDENT BANKERS ASS'N v. MARINE MIDLAND BANK

No. CIV-83-1006T.

583 F.Supp. 1042 (1984)

INDEPENDENT BANKERS ASSOCIATION OF NEW YORK STATE, INC. and The Canandaigua National Bank and Trust Company, Plaintiffs, v. MARINE MIDLAND BANK, N.A. and Wegman's Food Markets, Inc., Defendants.

United States District Court, W.D. New York.

April 6, 1984.

Attorney(s) appearing for the Case

Greisberger, Zicari, McConville, Cooman & Morin, P.C., Rochester, N.Y., for plaintiffs; Kevin S. Cooman, Rochester, N.Y., of counsel.

Phillips, Lytle, Hitchock, Blaine & Huber, Buffalo, N.Y., for defendant Marine Midland; Paul Stecker, Buffalo, N.Y., of counsel.

Nixon, Hargrave, Devans & Doyle, and Paul S. Speranza, Jr., Rochester, N.Y., for defendant Wegman's Food Markets, Inc.; Michael R. Wolford, Rochester, N.Y., of counsel.

MEMORANDUM DECISION and ORDER

TELESCA, District Judge.

This Court is faced with the dilemma of interpreting the legislative intent of a 1927 federal banking statute in an effort to determine if the "computer banking" at issue in this case would have been considered "branch banking" by the Congress when it passed the McFadden Act more than 50 years ago. As a part of this endeavor, separate State and Federal statutory...

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