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U.S. Supreme Court

Michigan Nat'l Bank v. Robertson, 372 U.S. 591 (1963)

Michigan National Bank v. Robertson

No. 55

Decided March 25, 1963*

372 U.S. 591


Respondents purchased house trailers in Nebraska and executed notes and lien instruments to the local dealer, who negotiated them to petitioner, a national bank located in Michigan. Subsequently, respondents sued petitioner in a Nebraska State Court, alleging violations of the Nebraska Installment Loan Act and challenging the validity of the transactions and the documents executed in connection therewith. Petitioner claimed that it could not be sued in Nebraska because of 12 U.S.C. § 94, which provides that actions against a national bank "may be had" in any state court in the county or city in which it is located. This contention was rejected by the Nebraska courts, and respondents obtained judgments for the relief requested.

Held: Certiorari is granted; the judgments are vacated; and the causes are remanded for further proceedings. Pp. 372 U. S. 591-594.

(a) Under Mercantile Nat. Bank v. Langdeau, 371 U. S. 555, 12 U.S.C. § 94 applies to this suit. P. 372 U. S. 593.

(b) In the circumstances, this is not a local action within the meaning of Casey v. Adams, 102 U. S. 66. Pp. 372 U. S. 593-594.

(c) This suit cannot be maintained in Nebraska unless petitioner has waived the benefit of 12 U.S.C. § 94. P. 372 U. S. 594.

Reported below: 172 Neb. 370, 385, 109 N.W.2d 716, 739.

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