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PARTAIN v. FIRST NATIONAL BANK OF MONTGOMERY

No. 72-1207.

467 F.2d 167 (1972)

James W. PARTAIN et al., Plaintiffs-Appellants, v. The FIRST NATIONAL BANK OF MONTGOMERY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 13, 1972.

Attorney(s) appearing for the Case

Robert S. Vance, Birmingham, Ala. (Callaway & Vance, Birmingham, Ala., of counsel), for plaintiffs-appellants.

Steiner, Crum & Baker, M. R. Nachman, Jr., Robert E. Steiner, III, Montgomery, Ala., for defendant-appellee.

C. B. Arendall, Jr., Larry V. Sims, Mobile, Ala. (Hand, Arendall, Bedsole, Greaves and Johnston, Mobile, Ala.), amicus curiae for First National Bank of Mobile.

William E. Shinn, Jr., Norman W. Harris, Decatur, Ala., amicus curiae for State National Bank of Alabama.

Thomas H. Watkins, Jackson, Miss. (Watkins & Eager, Jackson, Miss., of counsel), amicus curiae for First National Bank of Jackson, Miss.

Vardaman S. Dunn, Jackson, Miss. (Cox & Dunn, Jackson, Miss., of counsel), amicus curiae for Deposit Guaranty National Bank of Jackson, Miss.

Before WISDOM and INGRAHAM, Circuit Judges, and BOOTLE, District Judge.

BOOTLE, District Judge:

The three plaintiffs, suing for themselves and all other holders of Bank-Americards issued by First National Bank of Montgomery, sued said Bank under 12 U.S.C.A. § 86, alleging that through the use of said credit cards the Bank charged plaintiffs and their class usurious interest. The plaintiffs appeal from rendition of summary judgment against them, D.C., 336 F.Supp. 65. We reverse.

Plaintiffs...

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