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FISHER v. FIRST NATIONAL BANK OF OMAHA

Civ. No. 11-350-C-1.

338 F.Supp. 525 (1972)

Fred FISHER, on behalf of himself and on behalf of all other persons similarly situated, Plaintiffs, v. FIRST NATIONAL BANK OF OMAHA, Omaha, Nebraska, Defendant.

United States District Court, S. D. Iowa.

February 22, 1972.

Attorney(s) appearing for the Case

Everett Meeker, Livingston, Day, Kehoe, Meeker & Bates, Washington, Iowa, for plaintiffs.

Emmet Tinley, Johnson, Stuart, Tinley, Peters & Thorn, Council Bluffs, Iowa, William E. Morrow, Jr., Swarr, May, Smith & Andersen, Omaha, Neb., for defendant.

MEMORANDUM OPINION AND RULING AND ORDER ON DEFENDANT'S MOTION TO DISMISS

STUART, District Judge.

The Complaint in this case filed September 3, 1971 charged defendant with violating certain provisions of the Federal Truth-In-Lending Act, Title I of the Consumer Credit Protection Act, 15 U. S.C. § 1601 et seq. and Regulation Z, 12 C.F.R. 226.

On October 21, 1971 defendant filed a motion to dismiss on two grounds:

(1) As defendant is a...

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