PETRIZZO v. UNITED STATES

Civ. No. 79-2040.

492 F.Supp. 752 (1980)

Thomas PETRIZZO, Plaintiff, v. UNITED STATES of America, Defendant, v. The FIRST PENNSYLVANIA BANKING AND TRUST CO., (a/k/a First Pennsylvania Bank, N. A.), Defendant on Counterclaim.

United States District Court, D. New Jersey.

June 4, 1980.


Attorney(s) appearing for the Case

Robinson, Wayne & Greenberg by John B. Livelli, Newark, N. J., for plaintiff.

Allen R. Mass, Tax Div. Dept. of Justice, Washington, D. C., for defendant.

Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney by Lawrence T. Neher, Newark, N. J., and Saul, Ewing, Remick & Saul, Philadelphia, Pa., for defendant on counterclaim.


OPINION

SAROKIN, District Judge.

INTRODUCTION

Section 94 of the National Bank Act, 12 U.S.C. § 94, should be repealed or the appellate courts should reconsider the constitutionality thereof. In essence, the provision requires that a national bank may be sued only in the district or county where they are established; Mercantile National Bank v. Langdeau, 371 U.S. 555

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