Legal Opinion
Independent Bankers Ass'n of America v. Clarke
Court of Appeals for the Eighth Circuit
Decided October 29, 1990No. Nos. 90-1243WM, 90-1244WMPublishedCited by 10 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
This case concerns the power of the Comptroller of the Currency to authorize national banks located in Missouri to establish branches outside their home counties. In general, the McFadden Act, 12 U.S.C. § 36, authorizes national banks to establish branches only to the extent that state banks within the same state are allowed to branch by state law. In Missouri, with exceptions not here relevant, state banks may not establish branches outside their home counties. Missouri state-chartered savings and loan associations, however, are allowed to branch without geographic…
2Cases cited8 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Clarke v. Securities Industry Assn.Supreme Court of the United States · 1987
- Department of Banking & Consumer Finance v. ClarkeSupreme Court of the United States · 1987
- Dakota National Bank And Trust Co. v. First National Bank And Trust Company Of FargoCourt of Appeals for the First Circuit · 1977
- Department of Banking and Consumer Finance of State of Mississippi v. ClarkeCourt of Appeals for the Fifth Circuit · 1987
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3Cited by10 opinions
- Nelson v. Citibank (South Dakota) N.A.District Court, D. Minnesota · 1992
- Hill v. Chemical BankDistrict Court, D. Minnesota · 1992
- Bank One, Utah, National Association v. Michael K. Guttau, in His Official Capacity as Superintendent of Banking and Administrator of Electronic Transfer of Funds, Iowa Division of Banking, Iowa Department of Commerce, Comptroller of the Currency, Intervenor Plaintiff/amicion Behalf of Consumer Bankers Association Cash Station, Inc. Nationsbank, N.A. First National Bank of McCook Nebraska Norwest Bank Iowa, N.A. U.S. Bancorp Firstar Corporation, Amici on Behalf of Iowa Bankers Association Iowa Independent Bankers Association Iowa Credit Union League, Amici on Behalf OfCourt of Appeals for the First Circuit · 1999
- Bank One, UT, Natl. v. Michael K. GuttauCourt of Appeals for the Eighth Circuit · 1999
- United States v. Ryan HoweSupreme Court of New Hampshire · 2014
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