Appeal, No. 15, May T., 1963, from order of Secretary of Banking and Department of Banking, May 18, 1962, in case of First Bellefonte Bank and Trust Company v. Robert L. Myers, Jr., Secretary of Banking, and Commonwealth of Pennsylvania, Department of Banking. Case remanded for rehearing.
Arthur Littleton, with him Roy Wilkinson, Jr., Martin P. Snyder, and Morgan, Lewis & Bockius, for appellant.
Frederic G. Antoun, Deputy Attorney General, with him Richard M. Woodcock, Assistant Attorney General, and David Stahl, Attorney General, for Secretary of Banking and Commonwealth, appellee.
Robert K. Kistler, with him John R. Miller, and Miller, Kistler & Lee, for interested parties, under Rule 65.
Wayland F. Dunaway, S. Paul Mazza, Robert L. Rubendall, and Willard, Dunaway & Mazza, and Hull, Leiby and Metzger, for interested party, under Rule 65.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. CHIEF JUSTICE BELL
The Department of Banking, acting through the Secretary of Banking, disapproved*fn1 the application of First Bellefonte Bank and Trust Company for a branch bank at 203 East Beaver Avenue, which was located in a shopping center at State College. The Department, after investigation and consideration of the evidence, found that there was not a need for banking services or facilities such as are required by Section 204.1 B of the Banking Code,*fn2 as amended.
On appeal from an Order disapproving an application for a branch bank where, as here, the statute does not provide that the Department's decision shall be final, conclusive, or otherwise non-appealable, our power to review is on broad certiorari: Philadelphia Saving Fund Society v. Myers, 406 Pa. 438, 439-440, 179 A.2d 209; Dauphin Deposit Trust Co. v. Myers, 401 Pa. 230, 235-236, 164 A.2d 86; Philadelphia Saving Fund Society v. Banking Board, 383 Pa. 253, 256, 118 A.2d 561; Delaware County National Bank v. Campbell, 378 Pa. 311, 316-317, 327-328, 106 A.2d 416. As we said in Philadelphia Saving Fund Society v. Myers, supra, at page 440: "Upon review of such an appeal the Court considers the entire record, including all of the testimony. [citing all the above mentioned cases]."
Section 204.1 B provides: "When an institution files an application for the establishment of a branch in the same city, borough or village, in which its principal place of business is located, the department, if it finds upon investigation that there is a need for banking services or facilities such as are contemplated by the establishment of such branch and that all other requirements of this section have been met, shall approve the application and issue a letter of authority to the applicant institution.
"Should the department find, after the investigation above provided for, that the institution has not met the requirements of this section governing the application for the establishment of a branch or should it find that there is not a need for banking services or facilities such as are contemplated by the establishment of such branch,*fn3 it shall disapprove the ...