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INDEPENDENT BANKERS ASS'N OF AMERICA v. CLARKE

Nos. 90-1243WM, 90-1244WM.

917 F.2d 1126 (1990)

INDEPENDENT BANKERS ASSOCIATION OF AMERICA, Missouri Independent Bankers Association, and The Callaway Bank, Appellants, v. Robert L. CLARKE, Comptroller of the Currency of the United States, and First National Bank & Trust Co., Columbia, Missouri, Appellees. STATE OF MISSOURI EX REL. Thomas B. FITZSIMMONS, Commissioner of Finance, Appellant, v. Robert L. CLARKE, Comptroller of the Currency of the United States, and First National Bank & Trust Co., Columbia, Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1990.

Attorney(s) appearing for the Case

Leonard Rubin of Washington, D.C., for appellant Independent Bankers Assoc.

Michael L. Boicourt, Asst. Atty. Gen., Jefferson City, Mo. for appellant State of Mo.

Vaughan Finn of U.S. Dept. of Justice, Washington, D.C., for appellee.

Before ARNOLD and FAGG, Circuit Judges, and WATERS, District Judge.

ARNOLD, Circuit Judge.

This case concerns the power of the Comptroller of the Currency to authorize national banks located in Missouri to establish branches outside their home counties. In general, the McFadden Act, 12 U.S.C. § 36, authorizes national banks to establish branches only to the extent that state banks within the same state are allowed to branch by state law. In Missouri, with exceptions not here relevant, state banks may not establish branches outside...

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