Legal Opinion

NoDak Bancorporation v. Clarke

Court of Appeals for the Eighth Circuit

Decided July 7, 1993No. Nos. 92-2502, 92-2505, 92-2508 and 92-2509PublishedCited by 4 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

This is an appeal from a district court decision granting summary judgment in favor of NoDak Bancorporation. The district court reversed the Office of the Comptroller of the Currency’s approval of a proposed merger between two national banks in North Dakota. This case requires us to resolve one distinct legal issue of first impression for this court. The issue is whether a merger in which the minority shareholders of the acquired bank are forced to accept only cash in exchange for their acquired shares is inconsistent with the National Bank Act.1 We hold that such a…

2Cases cited18 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Camp v. PittsSupreme Court of the United States · 1973
  3. Clarke v. Securities Industry Assn.Supreme Court of the United States · 1987
  4. Virginia Bankshares, Inc. v. SandbergSupreme Court of the United States · 1991
  5. United States v. ShimerSupreme Court of the United States · 1961

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3Cited by4 opinions

  1. Ford v. KeithSupreme Court of Arkansas · 1999
  2. Community Bankers Ass'n of Oklahoma v. Oklahoma State Banking BoardSupreme Court of Oklahoma · 1999
  3. Ford v. KeithSupreme Court of Arkansas · 1999
  4. Nodak Bancorporation, a North Dakota Corporation v. Robert L. Clarke, Comptroller of the Currency of the United States, Liberty National Bank and Trust Company Dickinson Bancorporation, (Two Cases). Nodak Bancorporation, a North Dakota Corporation v. Robert L. Clarke, Comptroller of the Currency of the United States, Liberty National Bank and Trust Company Dickinson Bancorporation, (Two Cases)Court of Appeals for the Eighth Circuit · 1993

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