Legal Opinion

First National Bank of La Marque v. Smith

District Court, S.D. Texas

Decided August 24, 1977No. Civ. A. No. 76-G-51PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

COWAN, District Judge.

Issues:

The judgment of this Court, attached hereto as Exhibit A, itemizes the documentary material presented to the Court and the procedural posture. The key issues are:

1. Is this controversy “ripe” for judicial determination?

2. Has the Comptroller acted unlawfully in demanding that the officers and principal shareholders of plaintiff banks terminate practices relating to credit life and disability insurance which result in diversion of economic benefits rightfully belonging to the banks to “insiders” (i. e., directors, officers, and controlling…

2Cases cited31 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Meinhard v. SalmonNew York Court of Appeals · 1928
  4. Fortner Enterprises, Inc. v. United States Steel Corp.Supreme Court of the United States · 1969
  5. National Automatic Laundry and Cleaning Council v. George P. Shultz, Secretary, U. S. Department of LaborCourt of Appeals for the D.C. Circuit · 1971

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3Cited by4 opinions

  1. Independent Bankers Association of America v. John G. Heimann, Comptroller of the Currency of the United States Department of TreasuryCourt of Appeals for the D.C. Circuit · 1980
  2. First National Bank of Lamarque v. James E. Smith, Comptroller of the Currency, State Insurance Board of the State of TexasCourt of Appeals for the First Circuit · 1980
  3. Billman v. State of Maryland Deposit Insurance Fund Corp.Court of Special Appeals of Maryland · 1991
  4. Hendrix v. Republic National Life InsuranceCourt of Appeals of Arkansas · 1980

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