BROWN v. CLARKE

No. 1016, Docket 88-6305.

878 F.2d 627 (1989)

Howard B. BROWN, Banking Commissioner, State of Connecticut, Plaintiff-Appellee, v. Robert L. CLARKE, Comptroller of the Currency, Defendant-Amicus Curiae, and First National Bank of Stamford, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 29, 1989.


Attorney(s) appearing for the Case

Andrew P. Nemiroff, Stamford, Conn. (Epstein & Fogarty, Stamford, Conn., of counsel), for defendant-appellant.

Jane D. Comerford, Asst. Atty. Gen., State of Conn., Hartford, Conn. (Clarine Nardi Riddle, Acting Atty. Gen. State of Conn., Hartford, Conn., of counsel), for plaintiff-appellee.

John R. Bolton, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Stanley A. Twardy, Jr., U.S. Atty. D. Conn., New Haven, Conn., Anthony J. Steinmeyer, Robert D. Kamenshine, Civil Div., Dept. of Justice, Washington, D.C., for amicus curiae.

Before OAKES, Chief Judge, MESKILL and WISDOM, Circuit Judges.


WISDOM, Senior Circuit Judge:

This case involves the issues whether a deposit pick-up service operated by the First National Bank of Stamford, Inc. for the convenience of its customers constitutes a "branch" under the National Bank Act, 12 U.S.C. § 36(f) and, if so, whether its operation violates the restrictions on branch banking set forth in 12 U.S.C. § 36(c). The facts of this case are undisputed; the twist comes in the change of position taken by the...

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