opinion: NATIONAL BANK OF NORTH AMERICA v. ASSOCIATES OF OBSTETRICS AND FEMALE SURGERY, INC., et al.
  No. 75-1106.
  Decided April 26, 1976
  Per Curiam.
  The petitioner is a national banking association with its principal place of business in New York. It has no offices or agents in Utah and does not regularly conduct business in that State. The respondent Associates of Obstetrics brought a breach-of-contract action against the petitioner in a Utah state court, seeking damages on the ground that the petitioner had induced the respondent to lend a large sum of money to a Utah corporation on the representation that the loan would be protected and that the petitioner had defaulted on this agreement. The petitioner moved to dismiss the complaint on the basis of the venue provision of the National Bank Act, Rev. Stat. § 5198, 12 U. S. C. § 94. That section provides that venue for actions against a national banking association shall lie “in any State, county, or municipal court in the county or city in which said association is located having jurisdiction in similar cases.” After the Utah trial court granted the petitioner’s motion, the respondent filed an amended complaint alleging that the petitioner had waived the protection of § 94 by making a loan to the Utah corporation and seeking to place that corporation into bankruptcy in a Federal District Court in Utah. The state trial court denied a motion to dismiss the amended complaint and the Utah Supreme Court affirmed, holding that the venue provision of the National Bank Act is “permissive and not exclusive,” Associates of Obstetrics v. Apollo Productions, Inc., 542 P. 2d 1079, 1080.
  In Mercantile Nat. Bank v. Langdeau, 371 U. S. 555 (1963), and Michigan Nat. Bank v. Robertson, 372 U. S. 591 (1963), this Court held that the provision in §94 concerning venue in state, county, or municipal courts is not permissive, but mandatory, and, therefore, “that national banks may be sued only in those state courts in the county where the banks are located.” 371 U. S., at 561. Accordingly, we grant the petition for certiorari and vacate the judgment of the Utah Supreme Court. Since that court did not reach the respondent’s contention that the petitioner had waived the provisions of § 94, the case is remanded for a determination of that issue. See Michigan Nat. Bank v. Robertson, supra, at 594.
  It is so ordered.
  The respondent also argues that § 94 does not apply because this action is local in nature. See Casey v. Adams, 102 U. S. 66 (1880). This argument is based on the fact that a loan was made by the petitioner to a Utah corporation and that the petitioner has claimed a security interest in the assets of that corporation in a bankrupcy petition. But the Robertson decision established that such factors do not bring a case within the local-action exception to § 94 carved out by Casey v. Adams, supra. See 372 U. S., at 593-594.
choices: comity: civil rights comity: criminal procedure comity: First Amendment comity: habeas corpus comity: military comity: obscenity comity: privacy comity: miscellaneous comity primarily removal cases, civil procedure (cf. comity, criminal and First Amendment); deference to foreign judicial tribunals assessment of costs or damages: as part of a court order Federal Rules of Civil Procedure including Supreme Court Rules, application of the Federal Rules of Evidence, Federal Rules of Appellate Procedure in civil litigation, Circuit Court Rules, and state rules and admiralty rules judicial review of administrative agency's or administrative official's actions and procedures mootness (cf. standing to sue: live dispute) venue no merits: writ improvidently granted no merits: dismissed or affirmed for want of a substantial or properly presented federal question, or a nonsuit no merits: dismissed or affirmed for want of jurisdiction (cf. judicial administration: Supreme Court jurisdiction or authority on appeal from federal district courts or courts of appeals) no merits: adequate non-federal grounds for decision no merits: remand to determine basis of state or federal court decision (cf. judicial administration: state law) no merits: miscellaneous standing to sue: adversary parties standing to sue: direct injury standing to sue: legal injury standing to sue: personal injury standing to sue: justiciable question standing to sue: live dispute standing to sue: parens patriae standing standing to sue: statutory standing standing to sue: private or implied cause of action standing to sue: taxpayer's suit standing to sue: miscellaneous judicial administration: jurisdiction or authority of federal district courts or territorial courts judicial administration: jurisdiction or authority of federal courts of appeals judicial administration: Supreme Court jurisdiction or authority on appeal or writ of error, from federal district courts or courts of appeals (cf. 753) judicial administration: Supreme Court jurisdiction or authority on appeal or writ of error, from highest state court judicial administration: jurisdiction or authority of the Court of Claims judicial administration: Supreme Court's original jurisdiction judicial administration: review of non-final order judicial administration: change in state law (cf. no merits: remand to determine basis of state court decision) judicial administration: federal question (cf. no merits: dismissed for want of a substantial or properly presented federal question) judicial administration: ancillary or pendent jurisdiction judicial administration: extraordinary relief (e.g., mandamus, injunction) judicial administration: certification (cf. objection to reason for denial of certiorari or appeal) judicial administration: resolution of circuit conflict, or conflict between or among other courts judicial administration: objection to reason for denial of certiorari or appeal judicial administration: collateral estoppel or res judicata judicial administration: interpleader judicial administration: untimely filing judicial administration: Act of State doctrine judicial administration: miscellaneous Supreme Court's certiorari, writ of error, or appeals jurisdiction miscellaneous judicial power, especially diversity jurisdiction