¶1specially concurring.
¶2I agree that the appellants’ second amended complaint was properly dismissed. The sale agreement between FNA and First National provided that FNA could purchase the Florida National stock or designate a purchaser. One day before the deadline, FNA designated Florida National as the purchaser at a price within the terms of the sale agreement. Nothing in the agreement stated that FNA was to be responsible for obtaining approval of purchase offers under Title 12, U.S.C. § 1842, and Combanks is surely chargeable with knowledge of federal statutes regulating banks and holding companies.
¶3I do not agree with the majority, however, that Section 1842(b) provides a mandatory 30-day period before the Board may approve of a purchase. The section merely says that the Comptroller has 30 days “within which” to submit recommendations to the Board. I see no statutory proscription on the comptroller’s ability to make recommendations within less than 30 days. Approval of Florida National’s acquisition was had within 27 days.