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All eyes shifted to the man up at the banc.
And the majority of the court decided not to hear the case en banc.
Banc One will buy an additional 50 percent from two other shareholders.
Banc One will not buy a bank larger than one-third its size.
As such, this is an issue that should be decided en banc.
The court also has the power to review matters en banc.
The 9th Circuit does not agree to such banc reviews very often.
There is no procedure for the Court to sit en banc.
Banc One, the nation's 26th-largest banking company, said it expected the deal to be completed this month.
But that is not what Banc One's books will show.
A majority of the cases are heard and decided by the divisions, rather than the court en banc.
Holding companies, which own banks but do not operate as a bank, must use "banc."
Banc One has a team of managers that does little but work on mergers, and with good results.
All cases are heard en banc by the court.
Star Banc managers oppose the offer and prefer to stay independent.
Banc One pursues good banks and makes them better in states where it can build a strong market position.
Banc One said that the merger would give it a relationship with 56 million card holders.
Banc of America clients reported the most, with 11 percent saying they were charged unexpected fees.
And then the entirety of the court will make a decision about whether to hear it as a group, en banc.
Hearings en banc by the full appeals court are rare.
Banc de Binary did not respond to a request for comment.
Banc One predicts its earnings, before the merger, will grow about 13 percent a year.
Of course, there will be far more to the new Banc One than credit cards.
Judge Smith's view prevailed when the case was reviewed en banc.
The full court sat en banc to hear appeals.