UNITED STATES SUPREME COURT DECISIONS ON-LINE

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.