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MARQUETTE NAT. BANK v. FIRST OF OMAHA CORP.

No. 77-1265.

439 U.S. 299 (1978)

MARQUETTE NATIONAL BANK OF MINNEAPOLIS v. FIRST OF OMAHA SERVICE CORP. ET AL.

Supreme Court of United States.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Richard B. Allyn, Solicitor General of Minnesota, argued the cause for petitioner in No. 77-1258. With him on the briefs were Warren Spannaus, Attorney General, Stephen Shakman, Jacqueline P. Taylor, and Barry R. Greller, Special Assistant Attorneys General, and Thomas R. Muck, Assistant Attorney General. John Troyer argued the cause for petitioner in No. 77-1265. With him on the briefs was J. Patrick McDavitt.

Robert H. Bork argued the cause for respondent First of Omaha Service Corp. in both cases. On the brief was Clay R. Moore.†

Peter D. Schellie filed a brief for the Consumer Bankers Assn. as amicus curiae urging affirmance.

Briefs of amici curiae were filed by James F. Bell and Calvin Davison for the Conference of State Bank Supervisors; and by Joseph DuCoeur and Alan I. Becker for the First National Bank of Chicago.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The question for decision is whether the National Bank Act, Rev. Stat. § 5197, as amended, 12 U. S. C. § 85,1 authorizes a national bank based in one State to charge its out-of-state credit-card customers an interest rate on unpaid balances allowed by its home State, when that rate is greater than that permitted by the State of...

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