Court of Appeals' judgment that petitioner national bank's
drive-in/walk-in facility was a branch petitioner was not permitted
to operate because a state bank would not be permitted to operate a
like facility is vacated, and the case is remanded for
reconsideration in light of an intervening amendment to the statute
redefining the "auxiliary teller" facilities that state banks may
operate.
Certiorari granted; 530 F.2d 755, vacated and remanded.
PER CURIAM.
From the time petitioner Omaha National Bank sought approval
from the Regional Administrator of National Banks of its
drive-in/walk-in facility until after the en banc decision of the
Court of Appeals, Nebraska law permitted a state-chartered bank to
operate one "attached auxiliary teller office" and not more than
two "detached auxiliary teller offices." Neb.Rev.Stat. § 8-157(2)
(1974). The two types of "auxiliary teller offices" were defined in
Nebraska Department of Banking Reg. § 81571 (1970). The Court of
Appeals found it "abundantly clear" that a state bank situated like
Omaha National would not be permitted to operate the added
facility, and ruled that, under 12 U.S.C. § 36,
see First Nat.
Bank v. Dickinson, 396 U. S. 122,
396 U. S. 135
(1969), the facility was a branch which the bank was not permitted
to operate. 530 F.2d 755, 762 (CA8 1976). Since the en banc
decision, § 8-157(2) has been amended by Legislative Bill 763,
approved by the Governor on March 11, 1976, to redefine "auxiliary
teller" facilities which state banks may operate. It appearing
Page 426 U. S. 311
that this amendment, which will become effective in July, 1976,
may have a substantial bearing on the outcome of this case, the
petition for certiorari is granted, the judgment of the Court of
Appeals is vacated, and the case is remanded to the Court of
Appeals for reconsideration in light of Legislative Bill 763.
So ordered.