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FIRST NATIONAL BANK PIKE COUNTY v. DEPARTMENT BANKING AND BANK MATAMORAS (03/01/73)

decided: March 1, 1973.

FIRST NATIONAL BANK OF PIKE COUNTY
v.
DEPARTMENT OF BANKING AND BANK OF MATAMORAS, INTERVENING APPELLEE



Appeal from the Order of the Department of Banking in case of Application of The Bank of Matamoras, Matamoras, Pike County, Pennsylvania, to establish a branch in Milford, Pike County, Pennsylvania.

COUNSEL

Henry T. Reath, with him Roland Morris, Jane D. Elliott and Duane, Morris & Heckscher, for appellant.

Edward L. Symons, Jr., Assistant Attorney General, with him J. Shane Creamer, Attorney General, for appellee.

Martin P. Snyder, with him Sidney L. Krawitz, Krawitz, Sigal & Ridley, and Morgan, Lewis & Bockius, for intervening appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.

Author: Mencer

[ 7 Pa. Commw. Page 604]

This case is an appeal from the order of the Department of Banking (Department) authorizing The

[ 7 Pa. Commw. Page 605]

Bank of Matamoras*fn1 (applicant) to establish a branch bank in Milford, Pennsylvania. On December 18, 1970, applicant filed an application with the Department under Section 904(b)(iv) of the Pennsylvania Banking Code of 1965*fn2 for permission to establish a branch in Milford. Applicant's main office is approximately seven miles from the site of the proposed branch office.

Appellant, The First National Bank of Pike County (protesting bank), formerly The First National Bank of Milford, filed with the Department a protest to the branch application. Following a hearing on March 19, 1971, the Department, by order dated June 11, 1971, granted the application to establish the branch office. The protesting bank appealed, and we vacated this order*fn3 and remanded for a further hearing because prior to the first hearing the protesting bank had been denied access to certain portions of the application which were deemed confidential by the Department. Our remand was in accordance with the ruling of Conestoga National Bank of Lancaster v. Patterson, 442 Pa. 289, 275 A.2d 6 (1971).

A second hearing was held on March 21, March 22, and March 23, 1972. This further hearing produced 721 pages of transcribed proceedings and involved 10 witnesses and 54 exhibits. Following the filing of briefs, the Department issued a decision and order under date of September 13, 1972, approving the application to establish the branch bank in Milford. The protesting bank filed exceptions to the decision and appealed from

[ 7 Pa. Commw. Page 606]

    this order. The applicant bank filed a petition to intervene, and ...


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