Legal Opinion
Boone & Rodgers, Inc. v. National Bank of Washington
District Court, D. Maryland
Decided November 20, 1980No. Civ. No. K-80-1534Published
1Opinion of the Court
FRANK A. KAUFMAN, District Judge.
Defendant has moved to dismiss this diversity action alleging lack of venue under 12 U.S.C. § 94. Plaintiff contends that that motion was not filed within 20 days of service of the complaint as provided by Federal Civil Rule 12(a). However, service hereunder was effected pursuant to a combination of Federal Civil Rules 4(e) and 12(a) and Maryland Rule of Procedure 107(a)(2) and (b). Thereunder, defendant is permitted 60 days within which to respond to plaintiff’s complaint. See 5 Wright & Miller, Federal Practice and Procedure § 1346. Herein defendant was…
2Cases cited7 opinions
- First Nat. Bank of Charlotte v. MorganSupreme Court of the United States · 1889
- Casey v. AdamsSupreme Court of the United States · 1880
- Michigan National Bank v. RobertsonSupreme Court of the United States · 1963
- Citizens & Southern National Bank v. BougasSupreme Court of the United States · 1977
- United States National Bank v. HillCourt of Appeals for the Ninth Circuit · 1970
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