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CITICORP v. CURRIE

No. 8410BC1099.

330 S.E.2d 635 (1985)

CITICORP, the Morris Plan Industrial Bank, Allen D. Moore, Robert E. Oakes, W.H. May, Jr., and Richard B. Barnwell v. Honorable James S. CURRIE (or each of his successors) in his capacity as Commissioner of Banks for the State of North Carolina.

Court of Appeals of North Carolina.

June 18, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Special Deputy Atty. Gen. Reginald L. Watkins, and Chief Counsel of the State Banking Com'n Robert L. Anderson, for appellee Com'r of Banks.

Robinson, Bradshaw & Hinson by Robin L. Hinson, A. Ward McKeithen, Dan T. Coenen, and Mark W. Merritt, for applicant-appellant Citicorp.

Latham and Wood by James F. Latham and William A. Eagles, for appellants The Morris Plan Indus. Bank, Allen D. Moore, Robert E. Oakes, W.H. May, Jr., and Richard B. Barnwell.

Jordan, Brown, Price & Wall by John R. Jordan, Jr., Robert R. Price, and Henry W. Jones, for amicus curiae North Carolina Bankers Ass'n, Inc.

WEBB, Judge.

The appellants first contend the Commissioner's decision should be reversed because the statute he relied upon, G.S. 53-229, violates Article I, section 8 of the Constitution of the United States and Article I, sections 19, 32, and 34 of the Constitution of North Carolina. These issues have been resolved in the recent decision of State ex rel. Banking Commission v. Citicorp Savings Industrial Bank of North Carolina (Proposed), 74 N.C. App. 474...

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