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REAVES v. BANK OF AMERICA

Civ. No. 72-421-N.

352 F.Supp. 745 (1973)

Frank A. REAVES and Beverly A. Reaves, Plaintiffs, v. BANK OF AMERICA, a National Trust and Savings Association, et al., Defendants.

United States District Court, S. D. California.

January 8, 1973.

Attorney(s) appearing for the Case

John A. Crawford, Jr., Thompson & Crawford, San Diego, Cal., for plaintiffs.

Richard C. Herr, San Diego, Cal., for Bank of America.

NIELSEN, District Judge.

The question raised by defendants' motion to dismiss or to transfer this case for improper venue involves an issue of first impression for this District Court and for this Circuit: what activities by a nationally chartered bank are sufficient to constitute a waiver of venue under 12 U.S.C. § 94, so that the bank may be sued in a district other than where it is established.

The case arises out of the following facts. Plaintiffs...

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