28 U.S.C. § 1394
Banking association’s action against Comptroller of Currency
Any civil action by a national banking association to enjoin the Comptroller of the Currency, under the provisions of any Act of Congress relating to such associations, may be prosecuted in the judicial district where such association is located.
Notes of Decisions
Cited in 8
cases, 1964–1999 · leading case: Citizens & S. Nat'l Bank v. Bougas, 434 U.S. 35 (1977).
Citizens & S. Nat'l Bank v. Bougas, 434 U.S. 35 (1977). “NOTES [1] The word "located" appears in at least two other federal statutes concerning national banks: Title 28 U. S. C. § 1394 provides: "Any civil action by a national banking association to enjoin the Comptroller of the Currency, under the provisions of any Act of Congress…”
Van Dusen v. Barrack, 376 U.S. 612 (1964). “13 28 U. S. C. §§ 1394 , 1395 (a) (b)(c)(e), 1401, 1402 (a) (b).”
Ve Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990). “28 U.S.C. § 1394 . 11 . 28 U.S.C. § 1396 .”
Fin. Software Sys., Inc. v. First Union Nat'l Bank, 84 F. Supp. 2d 594 (E.D. Pa. 1999). “” See 28 U.S.C. § 1394 (emphasis added). If the words must be different, then there must be venue where no jurisdiction exists.”
Ferraiolo Constr., Inc. v. Keybank, N.A., 978 F. Supp. 23 (D. Me. 1997). “In Bougas , the Supreme Court expressly noted that the word "located” occurs in at least two other federal statutes involving national banks, 28 U.S.C. § 1394 , and 28 U.S.C. § 1348 .”
Indep. Bankers Ass'n of Am. v. Conover, 594 F. Supp. 635 (N.D. Ill. 1984). “judicial district in which (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides if no real property is involved in the action____ *638 IBAA argues that venue is proper…”
First Nat'l Bank of Southaven v. Camp, 333 F. Supp. 682 (N.D. Miss. 1971). “§ 702 , and 28 U.S.C. § 1394 . 1 The Comptroller has submitted the entire administrative file, consisting of voluminous documentary material and oral testimony.”
Cornelius v. Bank of Am., 17 V.I. 539 (D.V.I. 1980). “An equivalent provision now appears at 28 U.S.C. § 1394 . The reference in section 5198 of the Revised Statutes to venue in the circuit courts of the United States was deleted by operation of the Act of March 3, 1911, c.”
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