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ALLEN v. WACHOVIA BANK & TRUST CO., N.A.

No. 76-0017-CIV-6.

470 F.Supp. 18 (1978)

Buell Thomas ALLEN, Plaintiff, v. WACHOVIA BANK & TRUST COMPANY, N.A., Robert Wallace Howard, and J. Reid Hooper, Defendants.

United States District Court, E. D. North Carolina, Washington Division.

January 3, 1978.

Attorney(s) appearing for the Case

J. David Duffus, Jr., Malcolm J. Howard, Charles M. Vincent, of Howard, Vincent & Duffus, Greenville, N. C., for plaintiff.

Michael E. Weddington, James D. Blount, Jr., of Smith, Anderson, Blount & Mitchell, Raleigh, N. C., for defendants.

MEMORANDUM OPINION AND ORDER

LARKINS, Chief Judge:

This case requires the Court to consider whether the venue provisions set out in the National Bank Act of 1875, 12 U.S.Code, Section 94, or the venue section found in the Employee's Retirement Income Security Act of 1974 (hereinafter referred to as ERISA), 29 U.S.Code, Section 1132(e)(1), determines the district where the plaintiff can initiate this action. The plaintiff urges the Court to rely on the venue...

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