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DEPT. OF BANKING AND CONSUMER FINANCE v. CLARKE

No. 85-4722.

809 F.2d 266 (1987)

The DEPARTMENT OF BANKING AND CONSUMER FINANCE OF the STATE OF MISSISSIPPI, et al., Plaintiffs-Appellees, v. Robert L. CLARKE, Comptroller of the Currency of the United States and Deposit Guaranty National Bank, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 9, 1987.

Attorney(s) appearing for the Case

Anthony J. Steinmeyer, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., Dan M. McDaniel, Jr., Asst. U.S. Atty., John F. Daly, Jackson, Miss., for Controller of Currency.

Luther T. Munford, Lawrence J. Franck, Jackson, Miss., for Deposit Guar. Bank.

Hubbard T. Saunders, Stephen J. Kirchmayr, Jr., Robert M. Arentson, Jr., Champ Terney, Jackson, Miss., for Dept. of Banking.

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

John M. Harral, Knox White, Gulfport, Miss., for Hancock Bank, et al.

W. Joel Blass, Gulfport, Miss., for Gulf Nat'l. Bank.

Before POLITZ, RANDALL, and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

This appeal by the Comptroller of the Currency of the United States and Deposit Guaranty National Bank of Jackson, Mississippi, from a judgment enjoining the Comptroller and Deposit Guaranty from establishing a branch office in Gulfport, Mississippi, poses a sole question: did the Comptroller err in his interpretation of the term "State bank" as found in 12 U.S.C. § 36(h), when he granted approval of Deposit Guaranty's application to establish...

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