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WORTHEN BANK & TRUST CO. v. NATIONAL BankAMERICARD INC.

No. LR-71-C-248.

345 F.Supp. 1323 (1972)

WORTHEN BANK & TRUST COMPANY, Plaintiff, v. NATIONAL BankAMERICARD INCORPORATED, Defendants.

United States District Court, E. D. Arkansas, W. D.

July 19, 1972.

Attorney(s) appearing for the Case

Stephen D. Susman of Fulbright, Crooker & Jaworsky, Houston, Tex., Philip S. Anderson of Wright, Lindsey & Jennings, Little Rock, Ark., for plaintiff.

John T. Williams of Smith, Williams, Friday, Eldredge & Clark, Little Rock, Ark., John B. Bates, of Pillsbury, Madison & Sutro, San Francisco, Cal., for defendant.

OPINION

JOHN E. MILLER, Senior District Judge.

In paragraphs 4 and 5 of the complaint, Worthen alleged that the action was brought for itself individually and as a representative of a class pursuant to Rule 23, Fed.R.Civ.P.

"4. * * * The class is composed of all banks which are members of NBI or Interbank Card Association (hereinafter `Interbank') or both of them, and which either themselves or through other banks with which they contract or are...

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