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ICBA v. BD. OF GOVERNORS OF FEDERAL RESERVE SYSTEM

No. 85-1496.

820 F.2d 428 (1987)

INDEPENDENT COMMUNITY BANKERS ASSOCIATION OF SOUTH DAKOTA, INC., Petitioner, v. BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM, Respondent, First City Bancorporation of Texas, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 1987.

Attorney(s) appearing for the Case

Ronald G. Schmidt, Pierre, S.D., for petitioner. Leonard J. Ruben also entered an appearance, for petitioner.

James E. Scott, Atty., Board of Governors of the Federal Reserve System, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Richard M. Ashton, Associate General Counsel and Robert D. McGillicuddy, Atty., Bd. of Governors of the Federal Reserve System, Washington, D.C., were on the brief, for respondent.

Platt W. Davis, III, with whom Cathy A. Lewis and James R. Layton, Washington, D.C., were, on the brief, for intervenor.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and LEIGHTON, Senior District Judge.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Independent Community Bankers Association of South Dakota, Inc. ("ICBA") is a trade association representing chartered national and state banks located in South Dakota. It petitions this court to set aside an order of respondent, the Board of Governors of the Federal Reserve System (the "Board"), approving the acquisition of a newly chartered national bank located in South Dakota by...

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