First Nat. Bank of Milaca v. Smith

MEMORANDUM and ORDER

DEVITT, Chief Judge.

In this action for monetary and injunctive relief, plaintiff petitions the court to review the regulation recently promulgated by the Comptroller of the Currency which altered the method of assessing national banks for the costs of bank examinations conducted by the Comptroller. The matter was initially presented on cross motions for summary judgment. Previously, on March 30, 1977, the court denied the motions on the ground that defendant’s reservation of the right to raise the defense of failure to exhaust administrative remedies created a possible…