United States Supreme Court Cases & Opinions

U.S. Supreme Court

Nat'l Bank of North America v. Assn. of Obstetrics, 425 U.S. 460 (1976)

National Bank of North America v. Association

of Obstetrics & Female Surgery

No. 75-1106

Decided April 26, 1976

425 U.S. 460

Syllabus

The provision in the venue section of the National Bank Act, 12 U.S.C. § 94, that actions against a national banking association lie "in any State, county, or municipal court in the county or city in which said association is located having jurisdiction in similar cases," is not permissive, but mandatory. Mercantile Nat. Bank v. Langdeau, 371 U. S. 555; Michigan Nat. Bank v. Robertson, 372 U. S. 591. Therefore, petitioner national banking association, which has its principal place of business in New York and has no offices or agents, and does not regularly conduct business, in Utah, could not be sued by respondent in a Utah state court, unless it can be shown that petitioner waived the provisions of § 94.

Certiorari granted; 542 P.2d 1079, vacated and remanded.