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Wachovia Bank v. Schmidt

Docket No.: 04-1186
Certiorari Granted: Jun 13 2005
Argued: November 28, 2005
Decided: January 20, 2006

Topics:

Judicial Power, Jurisdiction of Federal Courts

PartyNames: Wachovia Bank, National Association v. Daniel G. Schmidt, III, et al.
Petitioner: Wachovia Bank, National Association
Respondent: Daniel G. Schmidt, III, et al.

Court Below: United States Court of Appeals for the Fourth Circuit

Wachovia Bank, National Association
v.
Daniel G. Schmidt, III, et al.
546 U.S. 303 (2006)
Question Presented:

28 U.S.C. § 1348 provides that, with limited exceptions that are inapplicable here, "[a]ll national banking associations shall * * * be deemed citizens of the States in which they are respectively located." The questions presented are (i) whether, for purposes of federal diversity jurisdiction, a national banking association is "located" in, and thus deemed to be a citizen of, every state in which the association maintains a branch, as held by the court below, or instead has a more limited citizenship, as held by three other courts of appeals; and (ii) whether the word "located," as used in 28 U.S.C. § 1348, is ambiguous.

Question:

For the purposes of federal diversity jurisdiction, is a national bank "located" in every state in which it maintains a branch office?

Holding: reversed and remanded
Recused: Justice Thomas
Opinion By:
Read WACHOVIA BANK V. SCHMIDT opinion (PDF)

Read opinion

Other Resources for Wachovia Bank v. Schmidt:
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