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AMERICAN TIMBER & TRAD. CO. v. FIRST NAT. BANK OF OREGON

No. 72-1066.

511 F.2d 980 (1974)

AMERICAN TIMBER & TRADING COMPANY, an Oregon corporation on its own behalf and on behalf of all corporations and individuals who have been and are presently being charged interest rates in excess of the rates permitted by law, Plaintiff-Appellee, v. FIRST NATIONAL BANK OF OREGON, Defendant-Appellant, v. Lawrence BERNARD, Individually and Dr. Lawrence Bernard, Professional Corporation, Intervening Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 2, 1974.

Certiorari Denied April 14, 1975.

Attorney(s) appearing for the Case

Fredric A. Yerke (argued), Norman J. Wiener (argued), of Miller, Anderson, Nash, Yerke & Wiener, Portland, Or., for defendant-appellant.

Gerson F. Goldsmith (argued), of Goldsmith, Siegel & Engel, Portland, Or., Henry A. Carey, Jr., Carey & Hanlon, Portland, Or., for plaintiff-appellee.

Jesse Lee Griffin, Long Beach, Cal., and Matthew Hale (argued), Gen. Counsel, The American Bankers Assoc., Washington, D. C., amicus curiae.

Before CHAMBERS and CHOY, Circuit Judges, and KELLEHER, District Judge.

Rehearing and Rehearing En Banc Denied December 2, 1974.

Certiorari Denied April 14, 1975. See 95 S.Ct. 1588.

CHOY, Circuit Judge:

Plaintiffs American Timber and Trading Co. (AT&T) and Lawrence Bernard and Dr. Lawrence Bernard, P.C. (Bernard) brought this class action claiming that the First National Bank of Oregon (the bank) charged usurious interest rates and thereby violated 12 U.S.C. §§ 85, 86.

The bank charged individual...

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