The following excerpt is from Shields v. U.S. Nat. Bank of Oregon, 574 F.2d 487 (9th Cir. 1978):
The question of the district court's jurisdiction over the subject matter of this action was not discussed by the parties or the court during the proceedings below. The Magistrate's Recommendation simply states that "(j) urisdiction is alleged to be based upon the National Banking Act. 12 U.S.C. 94." (R. 21) Nevertheless, this court is obligated to review the question of subject matter jurisdiction. Willis v. Craig, 555 F.2d 724, 726 (9th Cir. 1977).
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