Legal Opinion
Morosani v. First Nat. Bank of Atlanta
District Court, N.D. Georgia
Decided June 1, 1982No. Civ. A. C81-1553PublishedCited by 3 opinions
1Opinion of the Court
ORDER
ORINDA D. EVANS, District Judge.
This action is before the Court on Defendant’s (“the Bank”) motion to dismiss the Third and Fourth Counts of Plaintiff’s Complaint for failure to state a claim upon which relief can be granted. Rule 12(b)(6), Fed.R.Civ.P.
The two counts in question allege violations of the usury provision of the National Bank Act (“NBA”), 12 U.S.C. § 85. Both counts allege Defendant “charged a higher rate of interest than that agreed” on a $1,600,000 note executed by Plaintiff to Defendant. Count Three alleges that the note contains an agreed upon rate of “two and one-half…
2Cases cited14 opinions
- Marquette National Bank of Minneapolis v. First of Omaha Service Corp.Supreme Court of the United States · 1978
- Federal Deposit Insurance Corporation, as Liquidator for the Hamilton National Bank of Chattanooga v. Lattimore Land CorporationCourt of Appeals for the Fifth Circuit · 1981
- First National Bank in Mena, Cross-Appellee v. Jack A. Nowlin, Cross-AppellantCourt of Appeals for the First Circuit · 1975
- Meadow Brook National Bank v. RecileDistrict Court, E.D. Louisiana · 1969
- E. Phillip Duderwicz and Diana Duderwicz v. Sweetwater Savings Association, Ronald Rader and Zhanna Rader v. Sweetwater Savings AssociationCourt of Appeals for the Fifth Circuit · 1979
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3Cited by3 opinions
- Kleiner v. First National Bank of AtlantaDistrict Court, N.D. Georgia · 1983
- Adams v. County of SacramentoDistrict Court, E.D. California · 2023
- Flannick v. First Union Home Equity BankDistrict Court, E.D. Pennsylvania · 2001