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WESTERN PENNSYLVANIA NATIONAL BANK v. MYERS. (05/03/62)

May 3, 1962

WESTERN PENNSYLVANIA NATIONAL BANK, APPELLANT,
v.
MYERS.



Appeal, No. 30, May T., 1962, from order of Pennsylvania Department of Banking, December 8, 1961, in case of Western Pennsylvania National Bank v. Robert L. Myers, Jr., Secretary of Banking, E. James Trimarchi, Jr., Secretary of Commonwealth, and Commercial Bank and Trust Company. Order affirmed.

COUNSEL

Philip Baskin, with him Robert L. Rubendall, and Baskin and Baskin, and Hull, Leiby & Metzger, for appellant.

Earl F. Reed, with him Louis Caplan, and Thorp, Reed & Armstrong, for appellee.

Frederic G. Antoun, Deputy Attorney General, with him Richard Woodcock, Assistant Attorney General, and David Stahl, Attorney General, for Secretary of Banking and Secretary of Commonwealth, appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Bell

[ 407 Pa. Page 300]

OPINION BY MR. CHIEF JUSTICE BELL

Did the Department of Banking clearly abuse its discretion in approving the Articles of Incorporation for Commercial Bank & Trust Company of Pittsburgh? This appeal is in the nature of a broad certiorari: Dauphin Deposit Trust Company v. Myers, 401 Pa. 230, 164 A.2d 86, and cases therein cited. See also Philadelphia Saving Fund Society v. Myers, 406 Pa. 438, 179 A.2d 209.

Section 306 of the Banking Code prescribes the procedures to be followed and the factors to be considered by the Department in approving or disapproving Articles of Incorporation of institutions. Section 306 of the Banking Code*fn1 pertinently provides:

"A. The Department of Banking shall, immediately upon the receipt of the articles from the Department of State, conduct such investigation as it may deem necessary to ascertain from the best sources of information at its command:

"(1) Whether the name of the proposed incorporated institution is likely to mislead the public as to its character or purpose.

"(2) Whether the convenience and advantage of the public will be served by the proposed incorporation and whether the density of the population in the neighborhood designated for the place of business of such proposed incorporated institution and in the surrounding country*fn2 affords reasonable promise of adequate support for the enterprise.

[ 407 Pa. Page 301]

"(3) Whether the responsibility, character, and general fitness for the business of the incorporators, directors and officers named in the articles are such as to command the confidence of the community and to warrant the belief that the business of the proposed incorporated institution will be honestly and efficiently conducted in accordance with the intent and purpose of this act. ..."

Articles of Incorporation for Commercial Bank & Trust Company of Pittsburgh,*fn3 Allegheny County, Pennsylvania, were filed with the Department of State on October 6, 1961 and forwarded to the Department of Banking. The Articles were approved by the ...


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