ROUSE v. WACHOVIA MORTG., FSB

No. 12-55278.

747 F.3d 707 (2014)

Robert ROUSE, an individual; Victoria Rouse, an individual, Plaintiffs-Appellees, v. WACHOVIA MORTGAGE, FSB, a Division of Wells Fargo Bank NA, FKA World Savings Bank, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2014.


Attorney(s) appearing for the Case

Mark T. Flewelling , Robert C. Little , Yaw-Jiun Wu , and Robin C. Campbell , Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, Pasadena, CA; Robert A. Long, Jr. and Kristen E. Eichensehr , Covington & Burling LLP, Washington, D.C., for Defendant-Appellant.

No appearance for Plaintiffs-Appellees.

Before: M. MARGARET McKEOWN, RONALD M. GOULD, and JAY S. BYBEE, Circuit Judges.


OPINION

McKEOWN, Circuit Judge:

One might think that 150 years after Congress established national banks in 1863, the question of their citizenship for purposes of diversity jurisdiction would be well established. Not so. The relevant statute is ambiguous, the courts are split on the question, and the Supreme Court has not squarely decided the issue.

Under 28 U.S.C. § 1348, national banking associations are "citizens of the States in which they...

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