Federal Savings & Loan Insurance, Receiver of Americity Federal Savings Bank v. Nicholas K. Kralj

EMILIO M. GARZA, Circuit Judge:

After Nicholas K. Kralj defaulted on a promissory note, Americity Federal Savings Bank brought suit to recover amounts due. Americity then moved for summary judgment. Kralj argued that the promissory note was usurious on its face and that the pleadings should have been amended to reflect a reduction in the debt resulting from the foreclosure of the property secur ing the promissory note. The district court granted Americity’s motion for summary judgment. Finding no error, we affirm the district court’s summary judgment.

I

The facts of this case are uncontested.…