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ANDERSON v. HERSHEY

Nos. 9025, 9026.

127 F.2d 884 (1942)

ANDERSON v. HERSHEY. HERSHEY v. ANDERSON.

Circuit Court of Appeals, Sixth Circuit.

May 7, 1942.

Attorney(s) appearing for the Case

John Marshall, Jr., of Louisville, Ky. (John G. Heyburn, and Peter, Heyburn, Marshall & Wyatt, all of Louisville, Ky., on the brief), for appellant Anderson.

Grover G. Sales, of Louisville, Ky. (Samuel S. Blitz, of Louisville, Ky., on the brief), for appellee Hershey.

Before HICKS, ALLEN and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This appeal and cross-appeal arise out of a judgment against the receiver of a national bank for interest retained from the proceeds of his sale of certain collateral pledged to secure a note to the bank. Recovery was allowed under Title 12, U.S.C. §§ 85 and 86, 12 U.S.C.A. §§ 85, 86. Under § 85, a national banking association may receive and charge, on any loan or discount, interest at the rate allowed by the laws of...

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