First National Bank v. Aberdeen National Bank
District Court, D. South Dakota
1Opinion of the Court
MEMORANDUM DECISION
NICHOL, Chief Judge.
The plaintiff has filed a motion to remand the case to State Circuit Court and the defendant has filed a motion to dismiss pursuant to F.R.Civ.P. 12(b)(6). For reasons set out in this opinion, the plaintiff’s motion to remand the case to State Circuit Court is denied and the defendant’s motion to dismiss is granted.
WHO’S ON FIRST
This dispute arises out of the use of the word “First” in the name of the defendant’s bank. The defendant, Aberdeen National Bank, as will be more fully explained later, has changed its name to First Bank (N.A.) Aberdeen. The…
2Cases cited18 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Willingham v. MorganSupreme Court of the United States · 1969
- Mercantile Nat. Bank at Dallas v. LangdeauSupreme Court of the United States · 1963
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3Cited by5 opinions
- First National Bank v. Aberdeen National BankCourt of Appeals for the Eighth Circuit · 1980
- First National Bank of Aberdeen and First National Bank of Aberdeen, Redfield Branch, a National Banking Corporation v. Aberdeen National Bank, Also Using Name First Bank (n.a.) Aberdeen and the Spink County Branch of the Aberdeen National Bank, Also Using Name First Bank (n.a.) Redfield, First National Bank of Duluth v. Northern City National Bank and Duluth National BankCourt of Appeals for the First Circuit · 1980
- Gensplit Finance Corp. v. Foreign Credit Ins. Ass'nDistrict Court, E.D. Wisconsin · 1985
- Pioneer First Federal Savings & Loan Ass'n v. Pioneer National BankCourt of Appeals of Washington · 1981
- Brown Bros. Home Center, Inc. v. First National BankDistrict Court, D. Montana · 1981