Merchants and Planters Bank of Newport, Arkansas v. Smith

Citation516 F.2d 355
Decision Date09 May 1975
Docket NumberNo. 74-1666,74-1666
PartiesMERCHANTS & PLANTERS BANK OF NEWPORT, ARKANSAS, Appellant, v. James E. SMITH, Comptroller of the Currency of the United States, and Jackson County National Bank, Appellees.
CourtU.S. Court of Appeals — Eighth Circuit

James A. McLarty, Newport, Ark., for appellant.

Richard A. Olderman, Civil Div., App. Sec., Dept. of Justice, Washington, D. C. and Sam H. Boyce, Newport, Ark., for appellees.

Before MATTHES, Senior Circuit Judge, and ROSS and WEBSTER, Circuit Judges.

PER CURIAM.

Merchants & Planters Bank of Newport, Arkansas, appeals from a district court 1 judgment which upheld the action of the Comptroller of the Currency of the United States in granting authority to the Jackson County National Bank 2 to operate a branch banking facility in the town of Diaz, Arkansas.

Diaz is a small community situated adjacent to Newport in the growth area of Jackson County, Arkansas. Jackson County National Bank was located in Tuckerman, Arkansas, some eight miles distant. Early in 1973 that bank filed an application with the Comptroller asking permission to relocate its main banking house from Tuckerman to Diaz and to retain its old banking office as a branch bank. The application was opposed by the two existing banks in Newport, Merchants & Planters and the First National Bank of Newport. A hearing was held before the Regional Administrator of National Banks in Memphis, Tennessee, at which the Newport banks appeared as protestants. Additionally, an internal investigation was undertaken by the National Bank Examiner, the result of which was a recommendation against approval.

The original application was not granted. However, while it was pending before the Comptroller, Jackson County National Bank submitted an alternative application requesting that it be allowed to establish a branch bank in Diaz. This alternative was considered and approved by the Comptroller with no further proceedings having been had. After exhausting administrative remedies the protestant banks brought this action in district court seeking declaratory and injunctive relief from the Comptroller's decision. 3

The Comptroller and Jackson County National Bank, which was an intervenor-defendant, moved for summary judgment; and the motions were granted dismissing the complaint. In its memorandum opinion the district court found that the Newport banks' procedural complaints regarding the lack of a hearing...

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15 cases
  • First Nat. Bank of Aberdeen v. Aberdeen Nat. Bank
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • August 6, 1980
    ...& Planters Bank v. Smith, 380 F.Supp. 354, 361 (E.D.Ark.1974) (decision whether to permit establishment of a branch bank), aff'd, 516 F.2d 355 (8th Cir. 1975). ...
  • State Bank of Fargo v. MERCHANTS NAT. BANK & TRUST
    • United States
    • U.S. District Court — District of South Dakota
    • May 31, 1978
    ...are applicable in actions wherein administrative action of the Comptroller is under review. See Merchants & Planters Bank of Newport, Ark. v. Smith, 516 F.2d 355 (8th Cir. 1975) (Per Curiam); First Nat. Bank of Fayetteville v. Smith, 508 F.2d 1371, 1374 (8th Cir. 1974), cert. denied, 421 U.......
  • CORNING S & L ASS'N v. FED. HOME LOAN BK. BD., LR-C-83-69.
    • United States
    • U.S. District Court — Eastern District of Arkansas
    • September 19, 1983
    ...hearing before the reviewing court. Pitts v. Camp, 411 U.S. 138, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973); Merchants & Planters Bank of Newport, Arkansas v. Smith, 516 F.2d 355 (8th Cir.1975), aff'g Merchants & Planters Bank of Newport v. Smith, 380 F.Supp. 354 (E.D.Ark.1974); First National Ba......
  • Continental Casualty v. Anderson Excavat. & Wrecking
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    ...F.2d 1201, 1208 (11th Cir. 1990); O'Boyle v. Jiffy Lube Int'l, Inc., 866 F.2d 88, 92 (3d Cir. 1989); Merchants & Planters Bank v. Smith, 516 F.2d 355, 356 n. 3 (8th Cir. 1975) (per curiam). But it does not follow that a defect that creeps into the case after it is filed, and does not depriv......
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