Sargent v. Central National Bank & Trust Co. of Enid

OPALA, Chief Justice.

This certiorari proceeding tenders an issue of first impression — whether, and to what extent, § 24(Fifth) of the National Bank Act (12 U.S.C. § 21 et seq.) 1 preempts the Oklahoma law upon which the plaintiffs claim is based. We answer that pre-emption does not shield the defendant-bank from tort liability for dismissing an employee in violation of a state public policy which is consistent with the federal statute’s purpose. Actionability upon the plaintiffs contractual theories depends on whether under § 24(Fifth) the defense sought to be invoked is available. Because…