Department of Banking & Consumer Finance v. Clarke

POLITZ, Circuit Judge:

This appeal by the Comptroller of the Currency of the United States and Deposit Guaranty National Bank of Jackson, Mississippi, from a judgment enjoining the Comptroller and Deposit Guaranty from establishing a branch office in Gulfport, Mississippi, poses a sole question: did the Comptroller err in his interpretation of the term “State bank” as found in 12 U.S.C. § 36(h), when he granted approval of Deposit Guaranty’s application to establish the branch? The district court concluded that the Comptroller had erred, 617 F.Supp. 566. We disagree and reverse.

Background

In…