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STERLING NATL. BANK OF DAVIE v. CAMP
January 9, 1970
STERLING NATIONAL BANK OF DAVIE, a national banking association, Plaintiff,
William B. CAMP, Comptroller of the Currency, et al., Defendants
Matthews, Senior District Judge.
The opinion of the court was delivered by: MATTHEWS
MATTHEWS, Senior District Judge.
A motion is before the Court by Thomas G. DeShazo, Deputy Comptroller of the Currency of the United States, to quash foreign subpoena No. 114-69. The ground of his motion is that as Deputy Comptroller he is prohibited from testifying or producing the documents called for in the subpoena.
In support of the motion an affidavit has been filed by William B. Camp, Comptroller of the Currency of the United States. It sets forth that in connection with litigation entitled Sterling National Bank of Davie v. William B. Camp, et al., now pending in the United States District Court for the Southern District of Florida, plaintiff has served upon Mr. DeShazo, the Deputy Comptroller of the Currency, a subpoena seeking the production of the following documents:
All documents, memoranda, letters, exhibits and reports (or copies thereof) in any way concerning the application for a charter for the Citizens National Bank of Davie (Florida), Citizens First National Bank of Davie (Florida), or Citizens Davie National Bank (Florida).
The mentioned affidavit then goes on to recite that pursuant to statute
the Comptroller has promulgated regulations with respect to the control of such documents as are described in the subpoena, and that under such regulations employees of the Comptroller are prohibited from testifying with respect to information obtained in or resulting from their official capacities and from furnishing documents of the Comptroller or copies thereof in compliance with a subpoena, order or otherwise, "without the prior written authorization of the Comptroller", that if the production of documents by an employee of the Comptroller is desired, an affidavit by the litigant or his attorney setting forth the interest of the litigant and the documents desired must be submitted to the Comptroller before authorization will be granted. When such authorization has not been granted by the Comptroller, the regulations provide that the employee subject to the subpoena or order shall appear in court and state that he is unable to comply with the subpoena or order by reason of these regulations.
The regulations relied on by the Comptroller are as follows:
12 C.F.R. § 4.16(b) providing in part:
(b) Except as specifically authorized by the Comptroller, the following documents, or portions thereof, are not available to the public:
A document, or portion thereof, containing or related to an examination operating, or condition report prepared by, on behalf of, or for the use of, the Comptroller, relating to the affairs of any bank or affiliate thereof, bank holding company, or subsidiary thereof, broker, finance company, or any other person engaged, or proposing to engage, in the business of banking, extending credit, or managing or controlling banks.
12 C.F.R. § 4.18(a) providing as follows:
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