ASHTON C. SHALLENBERGER, Governor of the State of Nebraska, Silas R. Barton, Auditor of Public Accounts of the State of Nebraska, et al., Appts., v. FIRST STATE BANK OF HOLSTEIN, Nebraska, et al.

219 U.S. 114 (31 S.Ct. 189, 55 L.Ed. 117)

ASHTON C. SHALLENBERGER, Governor of the State of Nebraska, Silas R. Barton, Auditor of Public Accounts of the State of Nebraska, et al., Appts., v. FIRST STATE BANK OF HOLSTEIN, Nebraska, et al.

No. 445.

Argued: December 7 and 8, 1910.

Decided: January 3, 1911

Messrs. Charles O. Whedon, Arthur F. Mullen, I. L. Albert, and Grant G. Martin for appellants.

Argument of Counsel from pages 114-117 intentionally omitted

Messrs. John Lee Webster and William V. Allen for appellees.

Argument of Counsel from pages 117-120 intentionally omitted

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Mr. Justice Holmes delivered the opinion of the court:

This is a suit by many banks to prevent the banking board of Nebraska from carrying out and enforcing an act similar to the Oklahoma statute just passed upon. It forbids banking except by a corporation formed under the act, and provides for a guaranty fund. The circuit court held the statute unconstitutional, and issued an injunction against the enforcement of it. 172 Fed. 999. For the reasons given in the foregoing case, the decree of the circuit court must be reversed.

Decree reversed.

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