Nebraskans for Independent Banking, Inc. v. The Omaha National Bank, a National Banking Association

WEBSTER, Circuit Judge, joined by HENLEY, Circuit Judge,

dissenting.

I respectfully dissent. This case was in my view correctly decided in the original panel opinion, authored by Judge *765Devitt,1 which affirmed the District Court’s findings under the clearly erroneous standard of review. Our holding today undercuts First National Bank v. Dickinson, 396 U.S. 122, 90 S.Ct. 337, 24 L.Ed.2d 693 (1969), by assigning to state law an “indispensable role” in the determination of what is a “branch” of a national bank. Majority Opinion at 11-12. Judge Lay, in his separate concurring opinion, shares my view…