§1348. Banking association as party

The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking association, any civil action to wind up the affairs of any such association, and any action by a banking association established in the district for which the court is held, under chapter 2 of Title 12, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by such chapter.

All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located.

(June 25, 1948, ch. 646, 62 Stat. 933 .)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §41(16) (Mar. 3, 1911, ch. 231, §24, par. 16, 36 Stat. 1092 ).

Words "any civil action" were substituted for "all cases," in view of Rule 2 of the Federal Rules of Civil Procedure.

Words "real, personal, or mixed, and all suits in equity," after "all other actions by or against them," were omitted as superfluous.

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

Amount in controversy-

Immaterial in action other than on diverse citizenship, see Historical and Revision Notes under section 1331 of this title.

Required in diverse citizenship action under this section, see Historical and Revision Notes under section 1332 of this title.

Jurisdiction of action by or against-

Federal reserve bank, see section 632 of Title 12.

Liquidating agent of national bank, see section 197 of Title 12.

National bank receiver, see section 1345 of this title.

Powers of conservator of national bank, see section 203 of Title 12, Banks and Banking.

Prohibition on state court from enjoining national bank, see section 91 of Title 12.

Venue of action-

Against national banking association, see section 94 of Title 12.

By banking association to enjoin the Comptroller of the Currency, see section 1394 of this title.