STATE v. CITICORP SAV. INDUS. BANK. OF N.C.

No. 8410SC591.

328 S.E.2d 895 (1985)

STATE of North Carolina on Relation of the BANKING COMMISSION, Plaintiff Appellee, v. CITICORP SAVINGS INDUSTRIAL BANK OF NORTH CAROLINA (PROPOSED), Defendant-Cross Appellant and Appellant, v. The NORTH CAROLINA BANKERS ASSOCIATION, INC., Intervenor/Plaintiff-Appellant.

Court of Appeals of North Carolina.

May 7, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Reginald L. Watkins, and Chief Counsel of the State Banking Com'n Robert L. Anderson, for State ex rel. Banking Com'n for appellee State Banking Com'n.

Jordan, Brown, Price & Wall by John R. Jordan, Jr., Robert R. Price, and Henry W. Jones, Jr., and Gen. Counsel Edmund O. Aycock for intervenor-appellant North Carolina Bankers Association, Inc.

Fleming, Robinson, Bradshaw & Hinson by Robin L. Hinson, A. Ward McKeithen, Dan T. Coenen and Mark W. Merritt, and Leboeuf, Lamb, Leiby & McRae by Joseph E. Johnson, for applicant-appellant Citicorp Sav. Indus. Bank of North Carolina (Proposed).


WEBB, Judge.

G.S. 53-229 which became effective on 7 July 1984 while this case was on appeal to this Court provides in part:

Notwithstanding any other provision of this Article or any other provision of the General Statutes of this State, no bank holding company or any other company may acquire or control any banking institution that: (1) Has offices located in this State; and (2) Is not a bank as defined in G.S. 53-226(1) of this Article...

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