377 F.2d 496 (6th Cir. 1967), 16912, Bank of Dearborn v. Manufacturers Nat. Bank of Detroit

Docket Nº:16912, 16913.
Citation:377 F.2d 496
Party Name:BANK OF DEARBORN, Plaintiff-Appellee, v. MANUFACTURERS NATIONAL BANK OF DETROIT, Defendant-Appellant. BANK OF DEARBORN, Plaintiff-Appellee, v. James J. SAXON, as Comptroller of the Currency of the United States, Defendant-Appellant.
Case Date:May 24, 1967
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 496

377 F.2d 496 (6th Cir. 1967)

BANK OF DEARBORN, Plaintiff-Appellee,

v.

MANUFACTURERS NATIONAL BANK OF DETROIT, Defendant-Appellant.

BANK OF DEARBORN, Plaintiff-Appellee,

v.

James J. SAXON, as Comptroller of the Currency of the United States, Defendant-Appellant.

Nos. 16912, 16913.

United States Court of Appeals, Sixth Circuit.

May 24, 1967

Carson C. Grunewald, Detroit, Mich. (Bodman, Longley, Bogle, Armstrong & Dahling, Henry C. Bogle, Detroit, Mich., on the brief), for appellant Manufacturers Nat. Bank.

Walter H. Fleischer, Atty., Dept. of Justice, Civ. Div., Washington, D.C. (John W. Douglas, Asst. Atty. Gen., David L. Rose, Frederick B. Abramson, Attys., Dept. of Justice, Washington, D.C., Lawrence Gubow, U.S. Atty., Detroit, Mich., on the brief), for appellant James J. Saxon.

Wilber M. Brucker, Jr., Detroit, Mich. (Brucker & Brucker, Wilber M. Brucker, Detroit, Mich., on the brief), for appellee.

Before EDWARDS and CELEBREZZE, Circuit Judges, and NEESE, [*] District Judge.

Page 497

EDWARDS, Circuit Judge.

We deal here with two appeals by defendants from the grant of permanent injunctions by a United States District Judge in the Eastern District of Michigan restraining what he viewed as the establishment of a new branch bank by defendant Manufacturers National Bank of Detroit in the City of Dearborn, Michigan.

Basing his decision primarily upon the Michigan statute restricting branch banking, Mich.Stats.Ann. 23.762, Comp.Laws 1948, § 487.34, the District Judge held that the 'move' authorized by the defendant Comptroller actually had the effect of granting Manufacturers National Bank another branch in Dearborn in violation of the Michigan Branch Banking Statute and the National Bank Act, 12 U.S.C. § 36(c).

In 1953, appellee Bank of Dearborn was granted a state charter for its principal office in the city of Dearborn. Prior to 1953 (and at the time of the events we deal with here in 1962), Manufacturers National Bank had six branch banks operating in the city of Dearborn. The Michigan Branch Banking Statute (at that time and now) prohibited new branches to any 'outside' state bank in any city where a state or national bank had its principal office.

On December 7, 1962, Manufacturers National Bank proposed to the Comptroller the establishment of a new branch just outside the city line of the city of Dearborn in Dearborn Township, a block and a half south from where it then had in operation its Telegraph-Carlysle branch in the city of Dearborn. Contingent upon the...

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22 practice notes
  • 414 A.2d 914 (Md. 1980), 4, Hamilton v. Verdow
    • United States
    • Maryland Court of Appeals of Maryland
    • May 23, 1980
    ...Procter & Gamble Company, 25 F.R.D. 485, 490 (D.N.J.1960); Bank of Dearborn v. Saxon, 244 F.Supp. 394, 402-403 (E.D.Mich.1965), aff'd, 377 F.2d 496 (6th Cir. 1967); Kaiser Aluminum & Chemical Corp. v. United States, 157 F.Supp. 939, 947 (Ct.Cls.1958). [8] Where the government is a p......
  • 520 F.Supp. 414 (N.D.N.Y. 1981), 81-CV-340, Mobil Oil Corp. v. Department of Energy
    • United States
    • Federal Cases United States District Courts 2nd Circuit
    • May 15, 1981
    ...litigation, see, e. g., Carl Zeiss Stiftung, 40 F.R.D. at 329; Bank of Dearborn v. Saxon, 244 F.Supp. 394, 401-03 (E.D.Mich.1965), aff'd, 377 F.2d 496 (6th Cir. 1967); and (v) the possibility of future timidity by government employees who will be forced to recognize that their secrets are v......
  • 113 F.R.D. 522 (E.D.Tenn. 1986), Civ. 3-85-674, Delozier v. First Nat. Bank of Gatlinburg
    • United States
    • Federal Cases United States District Courts 6th Circuit Eastern District of Tennessee
    • November 10, 1986
    ...and society in accurate judicial factfinding and due process. Bank of Dearborn v. Saxon, 244 F.Supp. 394, 401-03 (E.D.Mich.1965), aff'd 377 F.2d 496 (6th Cir.1967) (" the real public interest under such circumstances is not the agency's interest in its administration but the citizen's ......
  • 357 F.Supp. 1352 (D.Or. 1973), Civ. 72-528, Independent Bankers of Oregon v. Camp
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Oregon
    • March 20, 1973
    ...Bank & Trust Co. v. Exchange National Bank & Trust Co., supra; Bank of Dearborn v. Saxon, 244 F.Supp. 394 (E.D.Mich.1965), aff'd 377 F.2d 496 (6th Cir. In an uncontradicted affidavit, the Superintendent stated that he has denied for the same legal reasons an application by a state b......
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22 cases
  • 414 A.2d 914 (Md. 1980), 4, Hamilton v. Verdow
    • United States
    • Maryland Court of Appeals of Maryland
    • May 23, 1980
    ...Procter & Gamble Company, 25 F.R.D. 485, 490 (D.N.J.1960); Bank of Dearborn v. Saxon, 244 F.Supp. 394, 402-403 (E.D.Mich.1965), aff'd, 377 F.2d 496 (6th Cir. 1967); Kaiser Aluminum & Chemical Corp. v. United States, 157 F.Supp. 939, 947 (Ct.Cls.1958). [8] Where the government is a p......
  • 520 F.Supp. 414 (N.D.N.Y. 1981), 81-CV-340, Mobil Oil Corp. v. Department of Energy
    • United States
    • Federal Cases United States District Courts 2nd Circuit
    • May 15, 1981
    ...litigation, see, e. g., Carl Zeiss Stiftung, 40 F.R.D. at 329; Bank of Dearborn v. Saxon, 244 F.Supp. 394, 401-03 (E.D.Mich.1965), aff'd, 377 F.2d 496 (6th Cir. 1967); and (v) the possibility of future timidity by government employees who will be forced to recognize that their secrets are v......
  • 113 F.R.D. 522 (E.D.Tenn. 1986), Civ. 3-85-674, Delozier v. First Nat. Bank of Gatlinburg
    • United States
    • Federal Cases United States District Courts 6th Circuit Eastern District of Tennessee
    • November 10, 1986
    ...and society in accurate judicial factfinding and due process. Bank of Dearborn v. Saxon, 244 F.Supp. 394, 401-03 (E.D.Mich.1965), aff'd 377 F.2d 496 (6th Cir.1967) (" the real public interest under such circumstances is not the agency's interest in its administration but the citizen's ......
  • 357 F.Supp. 1352 (D.Or. 1973), Civ. 72-528, Independent Bankers of Oregon v. Camp
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Oregon
    • March 20, 1973
    ...Bank & Trust Co. v. Exchange National Bank & Trust Co., supra; Bank of Dearborn v. Saxon, 244 F.Supp. 394 (E.D.Mich.1965), aff'd 377 F.2d 496 (6th Cir. In an uncontradicted affidavit, the Superintendent stated that he has denied for the same legal reasons an application by a state b......
  • Free signup to view additional results