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FIRST NAT. BANK & TRUST v. DEPARTMENT OF TREASURY

No. 94-35283.

63 F.3d 894 (1995)

FIRST NATIONAL BANK & TRUST, WIBAUX, MONTANA; Thomas E. Towe, Trust; Kristin Hartley, Trust; Sara Horsfall, Trust; Andrew C. Towe, Trust; Grant Investments Fund; Irene Koch; Dorothy Tow, Stockholders of First National Bank of Wibaux, Montana, Plaintiffs-Appellants, v. DEPARTMENT OF the TREASURY, The COMPTROLLER OF THE CURRENCY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1995.

Attorney(s) appearing for the Case

Thomas E. Towe, Towe, Ball, Enright, Mackey & Sommerfield, Billings, MT, for plaintiffs-appellants.

Jacob M. Lewis, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before: WRIGHT, SKOPIL and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Acting Comptroller of the Currency Stephen L. Steinbrink (the Comptroller) appointed a conservator for First National Bank & Trust (the Bank) pursuant to 12 U.S.C. § 203(a) (Supp. II 1990). The Bank and certain of its shareholders sued the Comptroller to terminate the conservatorship, contending he had violated their rights to procedural due process and had acted arbitrarily and capriciously. On cross-motions for summary...

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