Community National Bank of Pontiac v. Saxon, 14876.
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Writing for the Court | CECIL, , WEICK, Circuit , and WILLIAM E. MILLER |
| Citation | 310 F.2d 224 |
| Parties | COMMUNITY NATIONAL BANK OF PONTIAC, a National Banking Association, Plaintiff-Appellant, v. James J. SAXON, as Comptroller of the Currency of the United States, and Manufacturers National Bank of Detroit, a National Banking Association, Defendants-Appellees. |
| Docket Number | No. 14876.,14876. |
| Decision Date | 26 November 1962 |
310 F.2d 224 (1962)
COMMUNITY NATIONAL BANK OF PONTIAC, a National Banking Association, Plaintiff-Appellant,
v.
James J. SAXON, as Comptroller of the Currency of the United States, and Manufacturers National Bank of Detroit, a National Banking Association, Defendants-Appellees.
No. 14876.
United States Court of Appeals Sixth Circuit.
November 26, 1962.
Frank M. Wiseman, Detroit, Mich. (Lawrence I. Levi, Orville J. Thill, Herbert V. Rollins, Detroit, Mich., Clarence K. Patterson, Pontiac, Mich., on the brief), for appellant.
Pauline B. Heller, Atty., Dept. of Justice, Washington, D. C. (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., John G. Laughlin, Atty., Dept. of Justice, Washington, D. C., Lawrence Guhow, U. S. Atty., Detroit, Mich., on the brief), for Comptroller of the Currency.
Henry C. Bogle, Detroit, Mich. (Carson C. Grunewald, Bodman, Longley, Bogle, Armstrong & Dahling, Detroit, Mich., on the brief), for Manufacturers Nat. Bank of Detroit.
Before CECIL, Chief Judge, WEICK, Circuit Judge, and WILLIAM E. MILLER, District Judge.
WILLIAM E. MILLER, District Judge.
On May 12, 1959, Manufacturers National Bank of Detroit, Michigan (hereinafter referred to as "Manufacturers Bank"), made written application to the Comptroller of the Currency of the United States (hereinafter referred to as the "Comptroller") for permission to establish a branch office in the vicinity of Woodward Avenue and Big Beaver Road, Bloomfield Township, Oakland County, Michigan. On August 3, 1959, the Comptroller,
On September 4, 1959, Community National Bank of Pontiac, Michigan (hereinafter referred to as the "Pontiac Bank") filed suit against Manufacturers Bank and the Comptroller, alleging that the Comptroller's approval of the branch, and the establishment and operation thereof by Manufacturers Bank, were in violation of provisions of the National Bank Act governing the establishment and operation of branches of national banks and the authority of the Comptroller with respect thereto, and praying for mandatory and injunctive relief requiring the Comptroller to revoke the certificate of approval and restraining Manufacturers Bank from further maintaining and operating the branch.
The District Court, after extensive hearings and disposition of numerous motions, dismissed the action, and plaintiff-appellant, the Pontiac Bank, appealed.
Under the applicable section of the National Bank Act (12 U.S.C. § 36(c)) a national banking association may, with the approval of the Comptroller, establish and operate branches only at such places within the state in which the bank is located as are expressly authorized for state banks by the law of the state in question, "* * * and subject to the restrictions as to location imposed by the law of the State on State banks." The law of Michigan (17 M.S.A. 23.762 Comp. Laws 1948, § 487.34) limits the establishment of a branch state bank to a location "* * * within a village or city * *" and if the village or city be other than that in which the bank was originally chartered, to a village or city in which no state or national bank or branch thereof is in operation.
The District Court first held, in passing upon plaintiff's motion for production of documents, that the National Bank Act vested the Comptroller with exclusive and unreviewable power of discretion to determine whether or not to approve the establishment of banks pursuant to 12 U.S.C. § 36(c) and that the Court was without jurisdiction to review the action of the Comptroller in the...
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Ramapo Bank v. Camp, No. 18022 and 18117.
...legal impediment to PPNB's retaining, or creating, a branch office in Prospect Park. 32 See Community National Bank of Pontiac v. Saxon, 310 F.2d 224, 226 (6 Cir. 1962): "the decisions of executive officers on questions of fact are conclusive if reasonably supported by substantial 33 It is ......
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Warren Bank v. Camp, No. 17718
...197, 301 F.2d 521, cert. denied, 369 U.S. 886, 82 S.Ct. 1158, 8 L.Ed.2d 287 (1962); Community National Bank of Pontiac v. Saxon, 310 F.2d 224 (6th Cir. 1962); Bank of Dearborn v. Manufacturers National Bank of Detroit, 377 F.2d 496 (6th Cir. 1967); American Bank & Trust Co. v. Saxon, 373 F.......
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Lyons Savings & Loan Ass'n v. Federal Home Loan Bank Bd., No. 73 C 2565
...officers on questions of fact are conclusive if reasonably supported by substantial evidence. Community National Bank of Pontiac v. Saxon, 310 F.2d 224, 226 Finding that the scope of review of a district court was limited by the APA, the Court affirmed the lower court's decision that the Co......
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Webster Groves Trust Company v. Saxon, No. 18346.
...197, 301 F.2d 521 (1962), cert. denied 369 U.S. 886, 82 S.Ct. 1158, 8 L.Ed.2d 287; Community National Bank of Pontiac v. Saxon, 310 F.2d 224 (6 Cir. 1962); National Bank of Detroit v. Wayne Oakland Bank, 252 F.2d 537 (6 Cir. 1956), cert. denied 358 U.S. 830, 79 S.Ct. 50, 3 L.Ed.2d The appel......
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Ramapo Bank v. Camp, 18022 and 18117.
...legal impediment to PPNB's retaining, or creating, a branch office in Prospect Park. 32 See Community National Bank of Pontiac v. Saxon, 310 F.2d 224, 226 (6 Cir. 1962): "the decisions of executive officers on questions of fact are conclusive if reasonably supported by substantial 33 It is ......
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Warren Bank v. Camp, 17718
...197, 301 F.2d 521, cert. denied, 369 U.S. 886, 82 S.Ct. 1158, 8 L.Ed.2d 287 (1962); Community National Bank of Pontiac v. Saxon, 310 F.2d 224 (6th Cir. 1962); Bank of Dearborn v. Manufacturers National Bank of Detroit, 377 F.2d 496 (6th Cir. 1967); American Bank & Trust Co. v. Saxon, 373 F.......
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Lyons Savings & Loan Ass'n v. Federal Home Loan Bank Bd., 73 C 2565
...officers on questions of fact are conclusive if reasonably supported by substantial evidence. Community National Bank of Pontiac v. Saxon, 310 F.2d 224, 226 Finding that the scope of review of a district court was limited by the APA, the Court affirmed the lower court's decision that the Co......
-
Webster Groves Trust Company v. Saxon, 18346.
...197, 301 F.2d 521 (1962), cert. denied 369 U.S. 886, 82 S.Ct. 1158, 8 L.Ed.2d 287; Community National Bank of Pontiac v. Saxon, 310 F.2d 224 (6 Cir. 1962); National Bank of Detroit v. Wayne Oakland Bank, 252 F.2d 537 (6 Cir. 1956), cert. denied 358 U.S. 830, 79 S.Ct. 50, 3 L.Ed.2d The appel......