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STATE OF IOWA EX REL. TURNER v. FIRST OF OMAHA S. C.

Civ. No. 74-306-2.

401 F.Supp. 439 (1975)

STATE OF IOWA ex rel. Richard C. TURNER, Attorney General, Plaintiff, v. FIRST OF OMAHA SERVICE CORPORATION OF OMAHA, NEBRASKA d/b/a Bank Americard, and Central National Bank and Trust Company, Des Moines, Iowa, Defendants.

United States District Court, S. D. Iowa, C. D.

October 9, 1975.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Julian B. Garrett, Douglas R. Carlson, Douglas R. Smalley, Hugh J. Perry, Asst. Attys. Gen., Consumer Protection Div., Des Moines, Iowa, for plaintiff.

Eugene Davis and David A. Scott, Des Moines, Iowa, and William E. Morrow, Jr., Omaha, Neb., for First of Omaha Service Corp.

Kenneth L. Butters, Jr., Des Moines, Iowa, for Central Nat'l B & T Co.

ORDER FOR REMAND

HANSON, Chief Judge.

The Court issues this Order on its own motion.

In November of 1974, plaintiff Richard C. Turner filed an action in the District Court of the State of Iowa, in and for Polk County, seeking to enjoin the defendants named herein from "assesing or collecting" certain finance charges in excess of the rates prescribed in the Iowa Consumer Credit Code (ICCC), § 537.1101 et seq.; Code of Iowa (1975). Named...

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