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BOONE & RODGERS, INC. v. NAT. BANK OF WASH.

Civ. No. K-80-1534.

501 F.Supp. 292 (1980)

BOONE & RODGERS, INC. v. The NATIONAL BANK OF WASHINGTON.

United States District Court, D. Maryland.

November 20, 1980.

Attorney(s) appearing for the Case

Edward P. Murphy, Baltimore, Md., for plaintiff.

Michael D. Colglazier and Miles & Stockbridge, Baltimore, Md., and James C. Treadway, Jr., and Dickstein, Shapiro & Morin, Washington, D. C., for defendant.

FRANK A. KAUFMAN, District Judge.

Defendant has moved to dismiss this diversity action alleging lack of venue under 12 U.S.C. § 94. Plaintiff contends that that motion was not filed within 20 days of service of the complaint as provided by Federal Civil Rule 12(a). However, service hereunder was effected pursuant to a combination of Federal Civil Rules 4(e) and 12(a) and Maryland Rule of Procedure 107(a)(2) and (b). Thereunder, defendant is permitted 60 days...

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