Supreme Court of the United States, 1976

Omaha National Bank v. Nebraskans for Independent Banking, Inc.

Supreme Court of the United States · Decided June 7, 1976 · Per Curiam

426 U.S. 310; 96 S. Ct. 2616; 48 L. Ed. 2d 658; 1976 U.S. LEXIS 133 (United States Reports)

Cases that cite this one

19 later published cases cite this decision. The 18 that cite it most often are listed here.

St. Louis County National Bank v. Mercantile Trust Company National Association and James E. Smith, Comptroller of the Currency of the United States (8th Cir. 1976)
Sea Ranch Ass'n v. California Coastal Commission (United States District Court for the Northern District of California 1982)
Dakota National Bank And Trust Co. v. First National Bank And Trust Company Of Fargo (1st Cir. 1977)
Dakota National Bank & Trust Co. v. First National Bank & Trust Co. (8th Cir. 1977)
Fred Fisher, on Behalf of Himself and on Behalf of All Other Persons Similarly Situated v. First National Bank of Omaha, Omaha, Nebraska (1st Cir. 1977)
Nebraskans for Independent Banking, Inc. v. Omaha National Bank (United States District Court, Nebraska 1976)
Arkansas State Bank Commissioner v. Resolution Trust Corp. (8th Cir. 1990)
American Fidelity Bank & Trust Company v. John G. Heimann (1st Cir. 1982)
American Fidelity Bank & Trust Co. v. Heimann (6th Cir. 1982)
State of Utah v. Zions First National Bank of Ogden, Utah (1st Cir. 1980)
Utah ex rel. Department of Financial Institutions v. Zions First National Bank (10th Cir. 1980)
State Bank Of Fargo v. The Merchants National Bank And Trust Company Of Fargo (8th Cir. 1979)
State Bank v. Merchants National Bank & Trust Co. (8th Cir. 1979)
State Bank of Fargo v. MERCHANTS NAT. BANK & TRUST (District Court, D. North Dakota 1978)
Thomas v. American Home Products, Inc. (Supreme Court of the United States 1996)
State of Missouri v. First National Bank in St. Louis (1st Cir. 1976)
Nebraskans for Independent Banking, Inc. v. The Omaha National Bank, a National Banking Association (8th Cir. 1976)
Missouri ex rel. Kostman v. First National Bank (8th Cir. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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. § 8-157-01 (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, 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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.