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BURNS v. AMERICAN NATIONAL BANK AND TRUST COMPANY

Nos. 72-1135, 72-1507.

479 F.2d 26 (1973)

Thos. F. BURNS, on behalf of himself and on behalf of all other persons similarly situated, Appellant, v. AMERICAN NATIONAL BANK AND TRUST COMPANY, a National Banking Association, Appellee. Fred FISHER, on behalf of himself and on behalf of all other persons similarly situated, Appellant, v. The FIRST NATIONAL BANK OF CHICAGO, CHICAGO, ILLINOIS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1973.

Attorney(s) appearing for the Case

Everett Meeker, Washington, Iowa, for appellant Fisher.

J. Bradley Littlefield, Portland, Or., for appellant Burns.

Before MATTHES, Chief Judge, and MEHAFFY, GIBSON, LAY, HEANEY, BRIGHT, ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

These cases present identical jurisdictional questions under provisions of the National Bank Act. Both Burns and Fisher brought an action in federal court against a national bank seeking to recover usury penalties for themselves and for other members of their class, under 12 U.S.C. §§ 85 and 86. In both cases the defendant bank filed a motion to dismiss on the ground that the court lacked subject...

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