FIRST NATIONAL BANK IN MENA v. NOWLIN

Nos. 74-1397 and 74-1427.

509 F.2d 872 (1975)

FIRST NATIONAL BANK IN MENA, Appellant, Cross-Appellee, v. Jack A. NOWLIN, Appellee, Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 17, 1975.


Attorney(s) appearing for the Case

C. J. Giroir, Jr., Little Rock, Ark., for appellant, cross-appellee.

Jerry D. Jackson, Little Rock, Ark., for appellee, cross-appellant.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and WEBSTER, Circuit Judge.


GIBSON, Chief Judge.

Is a note which is usurious under state law also usurious when made to a national bank? With the limited exception of a short-term single payment note, we think it is. The central issue presented by this litigation is whether the National Bank Act, 12 U.S.C. § 21 et seq., permits a national bank in Arkansas to reserve interest in advance on installment loans calculated at a numerical rate not in excess of the statutory Arkansas usury...

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