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BROWN v. FIRST NATIONAL CITY BANK

No. 1093, Docket 74-1279.

503 F.2d 114 (1974)

Jordan BROWN, and all others similarly situated, Plaintiff-Appellee, v. FIRST NATIONAL CITY BANK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 14, 1974.

Attorney(s) appearing for the Case

Sheldon V. Burman, New York City, on the brief, for appellee.

Shearman & Sterling, New York City, on the brief, for appellant.

John Leferovich, Jr., New York City, for amicus curiae New York State Bankers Ass'n.

Before KAUFMAN, Chief Judge, MANSFIELD and MULLIGAN, Circuit Judges.

MANSFIELD, Circuit Judge:

During the last decade some banks in New York have offered to their customers, as an additional banking service, various types of revolving credit or check-credit loan plans, which permit the automatic or immediate payment of a customer's overdraft on his regular checking account. At issue on this appeal is the legality of certain aspects of a plan of this type offered by defendant-appellant First National City Bank ("Citibank") to its depositors...

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