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FIRST NAT. BANK v. STATE BANKING COM'N

No. 24291.

745 N.W.2d 674 (2008)

2008 SD 12

FIRST NATIONAL BANK OF FT. PIERRE, Intervenor and Appellant, v. SOUTH DAKOTA STATE BANKING COMMISSION, Department of Commerce and Regulation, Division of Banking, and First Western Bank Sturgis, Appellee.

Supreme Court of South Dakota.

Decided February 13, 2008.

Attorney(s) appearing for the Case

Brad A. Sinclair of Serkland Law Firm, Fargo, North Dakota, Frank L. Farrar, Britton, South Dakota, Randall B. Turner, Aberdeen, South Dakota, Attorneys for Appellant.

Gerald P. Laughlin, John S. Zeilinger of Baird Holm L.L.P. Omaha, Nebraska, Thomas E. Lee of Schmidt, Schroyer, Moreno, Lee & Bachand Pierre, South Dakota, Attorneys for appellee.

ECKRICH, Circuit Judge.

[¶ 1.] The South Dakota State Banking Commission, Department of Commerce and Regulation, Division of Banking (Commission) approved an application by First Western Bank, Sturgis (First Western) to establish a branch bank in Lead, South Dakota. The circuit court affirmed Commission's decision. First National Bank of Ft. Pierre (First National) appeals.

[¶ 2.] We affirm.

FACTS AND PROCEDURAL HISTORY

[¶...

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