Legal Opinion
Burns v. American National Bank & Trust Co.
Court of Appeals for the Eighth Circuit
Decided April 20, 1973No. Nos. 72-1135, 72-1507PublishedCited by 20 opinions
1Opinion of the Court
ROSS, Circuit Judge.
These cases present identical jurisdictional questions under provisions of the National Bank Act. Both Burns and Fisher brought an action in federal court against a national bank seeking to *27recover usury penalties for themselves and for other members of their class, under 12 U.S.C. §§ 85 and 86. In both cases the defendant bank filed a motion to dismiss on the ground that the court lacked subject matter jurisdiction. These motions were sustained and the cases were dismissed by the trial courts on the ground that under 28 U.S.C. § 1348 federal courts do not have…
2Cases cited12 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Mercantile Nat. Bank at Dallas v. LangdeauSupreme Court of the United States · 1963
- Norman v. Baltimore & Ohio RailroadSupreme Court of the United States · 1935
- Leather Manufacturers' Bank v. CooperSupreme Court of the United States · 1887
- William Sustin v. Irving B. AltmanCourt of Appeals for the Second Circuit · 1964
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Marquette Nat. Bank v. First Nat. Bank of OmahaDistrict Court, D. Minnesota · 1976
- Connecticut National Bank v. IaconoDistrict Court, D. Rhode Island · 1992
- Fred Fisher v. The First National Bank of ChicagoCourt of Appeals for the First Circuit · 1976
- Melvin A. Marshall v. District of Columbia Government (Three Cases)Court of Appeals for the D.C. Circuit · 1977
- Haas v. Pittsburgh National BankDistrict Court, W.D. Pennsylvania · 1973
15 more not listed; retrieve them via the Exa API.