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GHIGLIERI v. LUDWIG

No. 96-10818.

125 F.3d 941 (1997)

Catherine A. GHIGLIERI, in her official capacity as Texas Banking Commissioner, Plaintiff-Appellee, v. Eugene A. LUDWIG, in his official capacity as United States Comptroller of the Currency; Commercial National Bank of Texarkana, Texarkana, Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 29, 1997.

Attorney(s) appearing for the Case

Dorothy Ann Johnson, Texas Department of Banking, Austin, TX, Steven Alan Fleckman, Austin, TX, for Plaintiff-Appellee.

Larry J. Stein, Comptroller of the Currency, Rosa M. Koppel, Washington, DC, for Defendant-Appellant.

David William Roderer, Eric Leonard Hirschhorn, Washington, DC, for Consumers Bankers Ass'n and Bankers Roundtable, Amicus Curiae.

Marcia Z. Sullivan, Arlington, VA, for Consumers Bankers Association, Amicus Curiae.

Richard M. Whiting, Washington, DC, for Bakers Roundtable, Amicus Curiae.

E. Edward Bruce, Covington & Burling, Washington, DC, Jeffrey S. Alley, Scott, Hulse, Marshall, Feville, Finger & Thurmond, El Paso, TX, for Nationsbank Corp. and Sun World, Nat. Ass'n, Amicus Curiae.

Jeanne P. Breckinridge, Jenkens & Gilchrist, Austin, TX, Karen Maedgen Neeley, Independent Bankers Ass'n of Texas, Austin, TX, for Independent Bankers Association of Texas, Amicus Curiae.

Paul R. Foster, Oklahoma State Banking Department, Oklahoma City, OK, W.A. Edmondson, Oklahoma City, OK, for State Banking Com'rs and Conference of State Bank Supervisors, Amicus Curiae.

Before REAVLEY, JOLLY and BENAVIDES, Circuit Judges.

PER CURIAM:

The questions presented in this appeal are whether a national bank that relocated its main office across state lines before June 1, 1997, could retain its pre-existing branches in its former home and whether it could establish a new branch at the site of its former main office. The district court concluded that Commercial National Bank of Texarkana could do neither. In light of this court's recent decision in Ghiglieri v. Sun World National Association...

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