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McENTEER v. CLARKE

Civ. A. No. 86-3631.

644 F.Supp. 290 (1986)

Ben McENTEER, Secretary of Banking, Commonwealth of Pennsylvania v. Robert L. CLARKE, Comptroller of the Currency of the United States of America; Bank of New Jersey, N.A., a national banking association; and Horizon Bancorp, a bank holding company.

United States District Court, E.D. Pennsylvania.

September 25, 1986.

Attorney(s) appearing for the Case

Michael L. Harvey, Office of the Atty. Gen., Harrisburg, Pa., for plaintiff.

Joan K. Garner, Asst. U.S. Atty., Philadelphia, Pa., Elizabeth Pugh, U.S. Dept. of Justice, Civ. Div., Federal Programs, Washington, D.C., for defendant Robert L. Clarke, Comptroller of the Currency of the U.S.

J. Dennis Faucher, Scott D. Patterson, Philadelphia, Pa., for defendant Horizon Bank of Pennsylvania, N.A. F/K/A Bank of New Jersey, Horizon Bancorp.

MEMORANDUM AND JUDGMENT

KATZ, District Judge.

In this case of first impression, I uphold a decision of the Comptroller of the Currency of the United States of America allowing the relocation across state lines of the main office of a national bank. 5 U.S.C.A. § 702 et seq. (West 1972).1 A Pennsylvania statute to the contrary, 7 Pa.Stat.Ann. § 115 (Purdon Supp.1986), cannot stand.

On May 13, 1986, the...

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