431 F.2d 514 (5th Cir. 1970), 27988, Sterling Nat. Bank of Davie v. Camp

Docket Nº:27988, 29424.
Citation:431 F.2d 514
Party Name:STERLING NATIONAL BANK OF DAVIE, Plaintiff-Appellant, v. William B. CAMP, Comptroller of the Currency, et al., Defendants-Appellees (2cases).
Case Date:August 27, 1970
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 514

431 F.2d 514 (5th Cir. 1970)



William B. CAMP, Comptroller of the Currency, et al., Defendants-Appellees (2cases).

Nos. 27988, 29424.

United States Court of Appeals, Fifth Circuit.

Aug. 27, 1970

Page 515

James J. Kenny, Hugo L. Black, Jr., Miami, Fla., for plaintiff-appellant.

John N. Mitchell, U.S.Atty.Gen., Robert W. Rust, U.S.Atty., Lloyd G. Bates, Asst.U.S.Atty., C. Westbrook Murphy, Office of the Comptroller of Currency, Harland F. Leathers, Robert V. Zener, Walter H. Fleischer, Attys., U.S.Dept. of Justice, Washington, D.C., Donald W. Hulmes, Hollywood, Fla., Podhurst & Orseck, Robert Orseck, Aaron Podhurst, Walter H. Beckham, Jr., Miami, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit judges.

GOLDBERG, Circuit Judge:

In this bank charter contest we decline the parties' insistent invitation to resolve a jorum of preliminary issues. Instead, we assume but do not decide that Sterling Bank has standing to raise the issues here involved and proceed directly to the heart of the matter-- the validity of the contested bank charter.

The present controversy began in 1968 when a group of individuals sought a charter from the Comptroller of the Currency for a new national bank in Davie, Florida. The Sterling National Bank of Davie protested the application. Hearings were held, and both the proponents and opponents of the new bank presented evidence regarding the propriety of chartering a new bank in Davie. Although several of his subordinates recommended that the charter not be issued, the Comptroller eventually gave preliminary approval for the new charter.

The Sterling Bank, upon learning of this action by the Comptroller, filed this suit seeking to have the charter grant set aside. Sterling asked for various preliminary orders which were denied by the district court, and an interlocutory appeal resulted. Before the matters raised in the interlocutory appeal could be resolved by this court, the district court, upholding the issuance of the charter, granted summary judgment against the plaintiff. Sterling Bank immediately appealed, and this court ordered the two appeals consolidated. Since time has been the solvent of most of the preliminary issues, we relegate to a deserved limbo the whys and wherefores of the preliminary sparring and consider only

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