Frischling v. Priest Oil and Gas Corp.

ORDER

BUA, District Judge.

This cause comes before this court on defendant First National Bank of Birmingham’s (hereinafter FNB) motion to dismiss for improper venue. This decision that defendant, FNB, must be dismissed for lack of venue in this district makes it unnecessary to consider FNB’s motion for a protective order.

The venue provisions of the National Banking Act, 12 U.S.C. § 94, provide that a National Bank may only be sued in the district in which it is established. It is unanimously recognized that a bank is “established” only in the federal district that encompasses the place…