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BALLARD v. FIRST NATIONAL BANK OF BIRMINGHAM

No. 17104.

259 F.2d 681 (1958)

Sam C. BALLARD, Appellant, v. The FIRST NATIONAL BANK OF BIRMINGHAM, a National Banking Association, Appellee.

United States Court of Appeals Fifth Circuit.

October 8, 1958.

Attorney(s) appearing for the Case

D. N. Hamilton, Clifford J. Durr, Montgomery, Ala., for appellant.

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

Before RIVES, CAMERON and BROWN, Circuit Judges.

CAMERON, Circuit Judge.

The question upon which this appeal will be decided is whether appellant Ballard is estopped to maintain this action by the judgment of a court of Alabama rendered in a suit between the same parties and involving the same subject matter. Appellant sued appellee in this action to recover twice the amount of usurious interest claimed to have been knowingly charged by the Bank in violation of 12 U.S.C.A. §§ 85 and 86 and actually paid...

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