DEPT. OF BANKING AND CONSUMER FINANCE v. SELBY

Civ. A. No. J85-0698(L).

617 F.Supp. 566 (1985)

The DEPARTMENT OF BANKING AND CONSUMER FINANCE OF the STATE OF MISSISSIPPI, Plaintiff, Gulf National Bank, Merchants Bank & Trust Company, Hancock Bank, Peoples Bank of Biloxi, Bank of Wiggins, the Peoples Bank & Trust Company, and Bank of Mississippi, Plaintiffs-Intervenors, v. Joe SELBY, Acting Comptroller of the Currency of the United States and Deposit Guaranty National Bank, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

August 27, 1985.


Attorney(s) appearing for the Case

Edwin Lloyd Pittman, Robert Arentson, Stephen J. Kirchmayr, Office of the Attorney General, Hubbard T. Saunders, Champ Terney, Donald Clark, Jr., Crosthwait, Terney & Noble, Jackson, Miss., for the Department.

G.E. Estes, Jr., Estes & Estes, Gulfport, Miss., for Merchants Bank & Trust.

John M. Harral, White & Morse, Gulfport, Miss., for Hancock, Bank of Wiggins, Peoples, Peoples Bank & Trust and Bank of Mississippi.

W. Joel Blass, Mize, Thompson & Blass, Gulfport, Miss., for Gulf National Bank.

Frank A. Riley, Riley, Weir & Caldwell, Tupelo, Miss., for Bank of MS., Tupelo.

George Phillips (Danny McDaniel), U.S. Atty., Jackson, Miss., David H. White, U.S. Atty., Dept. of Justice, Mark Leemon, Office of Comptroller of the Currency, Washington, D.C., for Comptroller.

Robert C. Cannada, Lawrence J. Franck, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for Deposit Guaranty.


MEMORANDUM OPINION

TOM S. LEE, District Judge.

Deposit Guaranty National Bank (DGNB) is a federally chartered banking association with its principal office in Jackson, Mississippi. DGNB applied to the Comptroller of the Currency of the United States (Comptroller) for permission to establish a branch office in Gulfport, Mississippi, which is approximately 170 miles from Jackson. On July 9, 1985, following review of DGNB's application and comments submitted...

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