was the opinion of this branch manager that if no one else had applied for a branch in Wantage Township, Sussex Bank intended to attempt to secure a branch there as soon as possible; meanwhile keeping the location open for that purpose.
The foregoing affidavits consist principally of assertions and denials, opinions and contrary opinions that do not positively disclose that Sussex Bank will suffer irreparable damage if preliminary injunctive relief is denied at this time.
The principles which must guide a Court in considering an application for injunctive relief pendente lite are simple and well-established. A party seeking such relief must act promptly and effectively. Sussex Bank in this case became aware of the application of Peoples Bank as early as October 13, 1964, but except for protestations, oral and written, and other discussions, Sussex Bank waited until May 26, 1965 to institute this action and made no application for preliminary injunctive relief when its complaint was filed. Sussex Bank has been aware that Peoples Bank has been in business at its Wantage Branch since October 27, 1964. If, as I must infer, Sussex Bank did not consider injunctive relief necessary when it commenced this action, and there has been no showing since its commencement that its continuance involves either present or prospective irreparable damage to Sussex Bank, a preliminary injunction at this time cannot serve the purpose of maintaining the status quo between the parties pending final adjudication. It is rather the denial of injunctive relief at this time which will maintain such status between the parties. Indeed, the complaint failed to pray for final injunctive relief, but Peoples Bank continues to operate its branch at the risk of the ultimate adjudication which Sussex Bank seeks. If the Comptroller's approval of the Peoples Bank branch is not declared null and void, a present interruption of its branch business by the Court's intrusion would cause Peoples Bank to suffer irreparable damage. Moreover, Peoples Bank is continuing business at the Wantage Branch after full compliance with the requirements of Federal and State Law and with the unqualified approval of the Comptroller. Finally, I cannot envision, at this stage of the case, a probability that plaintiff will ultimately succeed therein.
Present in appropriate form a draft of order dismissing plaintiff's motion for preliminary injunction.
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