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eBook details

• Title: First National Bank v. National Bank of South Dakota and All Its Branches Using Name of First Bank of South Dakota
• Author : Eighth Circuit United States Court of Appeals
• Release Date : January 29, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

The First National Bank in Sioux Falls Bank in Sioux Falls] appeals from the summary judgment entered by the district court1, 517 F. Supp. 1296, affirming the Comptroller of the Currency's approval of a name change for National Bank of South Dakota (National Bank) to First Bank of South Dakota (N.A.). The district court ordered a stay of the change pending this appeal. We affirm the decision of the district court. On appeal from the district court, the appellate court ""must render an independent decision on the basis of the same administrative record as that before the district court; the identical standard of review is employed at both levels; and once appealed, the district court decision is accorded no particular deference."" First National Bank of Fayetteville v. Smith, 508 F.2d 1371, 1374 (8th Cir. 1974), cert. den. 421 U.S. 930, 95 S. Ct. 1655, 44 L. Ed. 2d 86 (1975). The appropriate record on review is not that made by the district court, but the administrative record already in existence. Id.; Camp v. Pitts, 411 U.S. 138, 142, 93 S. Ct. 1241, 36 L. Ed. 2d 106 (1973). Therefore, we look solely to the administrative record.

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