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United States Fourth Circuit


WACHOVIA BANK v. SCHMIDT, 03-2061

A national banking association is, within the meaning of 28 U.S.C. section 1348, located in a state in which the banking association operates branch offices, and therefore a citizen of that state for purposes of diversity jurisdiction.

Appellate Information

  • Decided 11/01/2004
  • Published 11/01/2004

Judges

  • Before LUTTIG and KING, Circuit Judges, and ROBERT R. BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • Robert W. Fuller, III, Stephen M. Cox, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellant.  James R. Gilreath, Greenville, South Carolina;  John P. Freeman, Columbia, South Carolina;  T. English McCutchen, III, L. Susan Foxworth, McCutchen Blanton Johnson & Barnette, LLP, Columbia, South Carolina, for Appellees.  Daniel P. Stipano, Horace G. Sneed, Larry J. Stein, Office of the Comptroller of the Currency, Washington, D.C., for Amicus Supporting Appellant.
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