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STATE OF TEX. v. CLARKE

Civ. A. No. A-87-CA-860.

690 F.Supp. 573 (1988)

The STATE OF TEXAS, Plaintiff, v. Robert L. CLARKE, Comptroller of the Currency of the United States; Union National Bank of Laredo, Texas; and Texas Capital Bank-Westwood, N.A., Houston, Texas, Defendants.

United States District Court, W.D. Texas, Austin Division.

June 24, 1988.

Attorney(s) appearing for the Case

Deborah Herzberg Loomis and Tim N. Sims, Texas Atty. General's Office, Austin, Tex., for plaintiff.

Theodore Hirt and Michael Sitcov, Dept. of Justice, Civ. Div., Washington, D.C., for Robert Clarke.

Francisco Canseco, Laredo, Tex., for Union Nat. Bank of Loredo, Tex.

William Luedke, Houston, Tex., for Texas Capital Bank-Westwood, N.A., Houston, Tex.

MEMORANDUM OPINION AND ORDER

WALTER S. SMITH, Jr., District Judge.

Motions for summary judgment by Plaintiff and each of the Defendants have been filed. Each side seeks a resolution of whether 12 U.S.C. § 36 allows Texas savings and loans to be defined as "state banks." Allowing such an interpretation of "state bank" would permit national banks to follow statewide savings and loan branching patterns, instead of the current countywide pattern. Texas...

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