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DANIEL v. FIRST NATIONAL BANK OF BIRMINGHAM

No. 15583.

227 F.2d 353 (1955)

W. E. DANIEL and E. A. Dillard, Appellants, v. The FIRST NATIONAL BANK OF BIRMINGHAM, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 17, 1956.

Attorney(s) appearing for the Case

Clifford J. Durr, W. Ervin James, Montgomery, Ala., for appellants.

Lucien D. Gardner, Jr., Birmingham, Ala., Jelks H. Cabaniss, Cabaniss & Johnston, Birmingham, Ala., of counsel, for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

Rehearing Denied January 17, 1956. See 228 F.2d 803.

RIVES, Circuit Judge.

Under Title 12, Sections 85 and 861 of the United States Code Annotated, Daniel and Dillard filed separate suits against The First National Bank of Birmingham for the recovery of twice the amount of usurious interest alleged to have been knowingly charged by the defendant and paid by each of the plaintiffs. The amount involved...

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