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MARTIN v. KILGORE FIRST BANCORP, INC.

Nos. 83-2662, 84-2199.

747 F.2d 1024 (1984)

R.S. MARTIN, Jr., Plaintiff-Appellant, v. KILGORE FIRST BANCORP, INC. and Kilgore First National Bank, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 7, 1985.

Attorney(s) appearing for the Case

Charles H. Clark, Tyler, Tex., Joan Sprague, Dallas, Tex., for plaintiff-appellant.

Beth Fielding Siever, Austin, Tex., Richard Grainger, Tyler, Tex., for defendants-appellees.

Ronald R. Glancz, Eugene M. Katz, Washington, D.C., for amicus curiae — C.T. Conover, Comptroller.

Before CLARK, Chief Judge, JOHNSON, and WILLIAMS, Circuit Judges.

CLARK, Chief Judge:

Plaintiffs seek review of rulings of the district court (i) refusing to enjoin the sale of bank holding company stock to satisfy the requirements of 12 U.S.C. § 215(d), and (ii) denying a motion for summary judgment on their claim that the same section requires the auction of stock in a national banking association, rather than stock in a bank holding company chartered under state law. The district court certified the second question for interlocutory...

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