Legal Opinion
First National Bank v. Aberdeen National Bank
Court of Appeals for the Eighth Circuit
Decided August 6, 1980No. Nos. 79-1612, 79-1644PublishedCited by 32 opinions
1Opinion of the Court
HENLEY, Circuit Judge.
These two consolidated appeals raise the same substantive issue decided by us today in State of North Dakota v. Merchants National Bank & Trust Co., No. 79-1342 (8th Cir. 1980): whether section 30 of the National Bank Act (NBA) preempts the common law of unfair competition insofar as applied to Comptroller-approved name changes by national banks. But unlike the plaintiff in North Dakota, plaintiffs in the present cases commenced their actions in state court and did not join claims as to which federal jurisdiction indisputably existed. The defendant national banks removed…
2Cases cited38 opinions
- Camp v. PittsSupreme Court of the United States · 1973
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Avco Corp. v. Aero Lodge No. 735, International Ass'n of MacHinists & Aerospace WorkersSupreme Court of the United States · 1968
33 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Ryan v. Dow Chemical Co.District Court, E.D. New York · 1992
- Armond J. Eitmann v. New Orleans Public Service, Inc.Court of Appeals for the Fifth Circuit · 1984
- Billy Jack for Her, Inc. v. New York Coat, Suit, Dress, Rainwear & Allied Workers' UnionDistrict Court, S.D. New York · 1981
- Lawrence County v. South DakotaCourt of Appeals for the Eighth Circuit · 1982
27 more not listed; retrieve them via the Exa API.