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MONTGOMERY NAT. BANK v. CLARKE

No. 89-5139.

882 F.2d 87 (1989)

MONTGOMERY NATIONAL BANK, Appellant, v. Robert CLARKE, Comptroller of the Currency of the United States, and the First Jersey National Bank/Central, Appellees, and Mary Little Parell, Commissioner, New Jersey Department of Banking, Intervenor.

United States Court of Appeals, Third Circuit.

Decided August 16, 1989.

Attorney(s) appearing for the Case

Edward A. Bertele, Levy & Lybeck, P.C., Union, N.J., for appellant.

Peter N. Perretti, Jr., Atty. Gen. of N.J., Mary C. Jacobson, Barbara S. Goldsmith, Deputy Attys. Gen., State of N.J. Div. of Law, Trenton, N.J., for Mary Little Parell, New Jersey Commissioner of Banking.

Samuel A. Alito, Jr., U.S. Atty., Irene Dowdy, Asst. U.S. Atty., Carol M. Connelly, Trenton, N.J., for Robert Clarke, Comptroller of the Currency of the United States.

James R. Van Horn, Asst. Gen. Counsel, Jersey City, N.J., for First Jersey Nat. Bank.

Before HIGGINBOTHAM, BECKER, and NYGAARD, Circuit Judges.

Submitted Pursuant to Rule 12(6) July 10, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

In 1976, plaintiff-appellant Montgomery National Bank ("MNB") opened its main office in Montgomery Township, a municipality with a population of less than 10,000. In March 1987, First Jersey National Bank/Central ("First Jersey"), a national bank, applied to the federal Office of the Comptroller of the Currency ("OCC...

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