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NoDAK BANCORPORATION v. CLARKE

Nos. 92-2502, 92-2505, 92-2508 and 92-2509.

998 F.2d 1416 (1993)

NoDAK BANCORPORATION, a North Dakota Corporation, Appellee, v. Robert L. CLARKE, Comptroller of the Currency of the United States, Defendant, Liberty National Bank and Trust Company; Dickinson Bancorporation, Appellants (Two Cases). NoDAK BANCORPORATION, a North Dakota Corporation, Appellee, v. Robert L. CLARKE, Comptroller of the Currency of the United States, Appellant, Liberty National Bank and Trust Company; Dickinson Bancorporation, Defendants (Two Cases).

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1993.

Attorney(s) appearing for the Case

Mark B. Stern, U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson and Barbara C. Biddle, U.S. Dept. of Justice, Washington, DC and Stephen D. Easton, U.S. Atty., Fargo, ND, on the brief), for appellant Robert Clarke.

Laurence R. Waldoch, Minneapolis, MN, argued (Timothy A. Priebe and Paul G. Kloster, Dickinson, ND, on the brief), for appellants Liberty Nat., et al.

Edward F. Fox, St. Paul, MN, argued (Mark W. Haigh, St. Paul, MN and Bruce H. Carlson, Fargo, ND, on the brief), for appellee.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

MAGILL, Circuit Judge.

This is an appeal from a district court decision granting summary judgment in favor of NoDak Bancorporation. The district court reversed the Office of the Comptroller of the Currency's approval of a proposed merger between two national banks in North Dakota. This case requires us to resolve one distinct legal issue of first impression for this court. The issue is whether a merger in which the minority shareholders of the acquired bank are forced...

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