Legal Opinion

State v. Liberty National Bank & Trust Co.

North Dakota Supreme Court

Decided June 28, 1988No. Civ. 870256PublishedCited by 24 opinions

1Opinion of the Court

LEVINE, Justice.

The State appeals from a district court summary judgment dismissing its divestiture action against Liberty National Bank and Trust Company [Liberty National] on the ground that the three-year limitation for holding farmland under § 10-06-13(5), N.D.C.C., of the corporate farming laws is not applicable to Liberty National because the state provision is pre-empted by 12 U.S.C. § 29 of the National Bank Act. We reverse.

The facts are not disputed. Liberty National is a national bank chartered by and subject to the supervision of the Comptroller of the Currency pursuant to the…

2Cases cited37 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  5. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982

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3Cited by24 opinions

  1. State Ex Rel. Stenehjem v. FreeEats.com, Inc.North Dakota Supreme Court · 2006
  2. North Dakota Council of School Administrators v. SinnerNorth Dakota Supreme Court · 1990
  3. Walker v. SchneiderNorth Dakota Supreme Court · 1991
  4. Gosbee v. BendishNorth Dakota Supreme Court · 1994
  5. Bies v. ObregonNorth Dakota Supreme Court · 1997

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