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GHIGLIERI v. SUN WORLD NAT. ASS'N

Nos. 96-50847, 96-50948.

117 F.3d 309 (1997)

Catherine A. GHIGLIERI, in her official capacity as Texas Banking Commissioner, Plaintiff-Appellee, v. SUN WORLD NATIONAL ASSOCIATION, El Paso, Texas, et al., Defendants, Sun World National Association, El Paso, Texas; Eugene A. Ludwig, in his official capacity as United States Comptroller of the Currency, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 22, 1997.

Attorney(s) appearing for the Case

D'Ann A. Johnson, Texas Department of Banking, David Calvin Mattax, Austin, TX, for Plaintiff-Appellee.

Rosa M. Koppel, Angela Yuen Yuk Ting, Larry J. Stein, Comptroller of the Currency, Washington, DC, for Eugene A. Ludwig.

E. Edward Bruce, Covington & Bureing, Washington, DC, Jeffrey S. Alley, El Paso, TX, for Sun World National Association, El Paso, Texas.

Elizabeth A. Glenn, Asst. Atty. Gen., Santa Fe, NM, for Financial Institutions Division of the New Mexico Regulation & Licensing Department.

Before JOLLY, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The Comptroller of the Currency (the "Comptroller") allowed Sun World, National Association ("Sun World") to relocate its main banking office across a state line from Texas to New Mexico. Notwithstanding that Sun World's principal office would now be in New Mexico, the Comptroller further allowed Sun World to maintain its pre-existing branches in Texas, and to establish a new branch in Texas. The Texas Banking Commissioner (the "Commissioner...

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