1 Exhibits 5 and 23.3 Firstar Corporation 777 East Wisconsin Avenue Milwaukee, Wisconsin 53202 December 17, 1998 Securities & Exchange Commission Judiciary Plaza 450 Fifth Street, N.W. Washington, D.C. 20549 Re: Firstar Corporation Star Banc Thrift Savings (401(k)) Plan -------------------------------------- Dear Sir or Madam: I have acted as counsel for Firstar Corporation, a Wisconsin corporation (the "Corporation"), in connection with its assumption of obligations under the Star Banc Thrift Savings (401(k)) Plan (the "Plan") as a result of mergers and a reorganization, completed on November 20, 1998, involving, among others, the Corporation and Star Banc Corporation. I have examined such documents, records and matters of law as I deemed necessary for purposes of this opinion and, based thereupon, am of the opinion that the shares of common stock, $0.01 par value, of the Corporation which may be issued and sold pursuant to the Plan will be, when issued and sold in accordance with the terms of the Plan, duly authorized, validly issued, fully paid and nonassessable. I hereby consent to the filing of this opinion as an Exhibit to the Registration Statement on Form S-8 to be filed by the Corporation with the Securities and Exchange Commission to effect registration under the Securities Act of 1933 of the shares to be sold pursuant to the Plan. Very truly yours, /s/ Jennie P. Carlson Jennie P. Carlson Senior Vice President, General Counsel and Secretary