Legal Opinion

North Dakota v. Merchants National Bank & Trust Co.

Court of Appeals for the Eighth Circuit

Decided August 6, 1980No. 79-1342PublishedCited by 10 opinions

1Opinion of the Court

HENLEY, Circuit Judge.

The State of North Dakota appeals from an order of the district court,1 granting the motion of the five defendant national banks to dismiss the State’s complaint for failure to state a claim on which relief could be granted. The State had sought to enjoin defendants from using their newly adopted names, on the ground that the names were confusingly similar to that of the State’s central bank and would thus violate the North Dakota common law of unfair competition. The district court based its dismissal on the finding that all state law otherwise applicable to name…

2Cases cited72 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Monroe v. PapeSupreme Court of the United States · 1961
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959

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3Cited by10 opinions

  1. Chauncey L. Moore, Jr. v. The Marketplace Restaurant, Inc.Court of Appeals for the Seventh Circuit · 1985
  2. Citibank, N.A. v. Citibanc Group, Inc.Court of Appeals for the Eleventh Circuit · 1984
  3. State of North Dakota v. Merchants National Bank and Trust Company, Fargo, North DakotaCourt of Appeals for the Eighth Circuit · 1980
  4. Bailey v. Unocal Corp.District Court, N.D. Illinois · 1988
  5. Shogren v. Chicago, Milwaukee, St. Paul & Pacific RailroadDistrict Court, D. Minnesota · 1986

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