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RATNER v. CHEMICAL BANK NEW YORK TRUST COMPANY

No. 69 Civ. 4195.

309 F.Supp. 983 (1969)

Michael RATNER, for himself and all others similarly situated, Plaintiff, v. CHEMICAL BANK NEW YORK TRUST COMPANY, Defendant.

United States District Court, S. D. New York.

On Rehearing March 3, 1970.

Attorney(s) appearing for the Case

Jack Greenberg and Philip G. Schrag, New York City, for plaintiff.

Cravath, Swaine & Moore, by John W. Barnum, Howard G. Kristol, New York City, for defendant.

CANNELLA, District Judge.

Defendant moves for an order staying any further proceedings herein until twenty days after a ruling is obtained from the Federal Reserve Board, which the defendant asserts has primary jurisdiction in this controversy. The motion is denied.

Plaintiff alleges in his complaint that the defendant has violated the Consumer Credit Protection Act1 [hereinafter "Act"] in regard to its billing practices under...

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