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28 U.S.C. § 1394

Section 1394 · Banking associations action against Comptroller of Currency

Amended 1 time on record

Applied in 7 court decisions — leading case Citizens & Southern National Bank v. Bougas (1977)

Most recently applied in 84 F. Supp. 2d 594 - Financial Software Systems, Inc. v. First Union National Bank (November 1999)

How often courts cite this section

19481960197019801990199910ch. 646enacted · 1948 · ch. 646Citizens & Southern National Bank v. Bougasleading · 1977 · Citizens & Southern National Bank v. Bougas
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §110 (Mar. 3, 1911, ch. 231, §49, 36 Stat. 1100).

Words “Any civil action” were substituted for “All proceedings,” in view of Rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

Exception as to Transfer of Functions

Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of officers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, §1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance.

Cross References

Jurisdiction of district court in banking association's action against the Comptroller of the Currency, see section 1348 of this title.

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