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FALKNER v. BANK OF SOUTHEAST

Civ. 2048.

383 So.2d 177 (1979)

Ernest FALKNER, III v. BANK OF the SOUTHEAST.

Court of Civil Appeals of Alabama.

Rehearing Denied November 21, 1979.

Attorney(s) appearing for the Case

J. N. Holt of Holt & Cooper, Birmingham, for appellant.

Erle Pettus, Jr. of Rives, Peterson, Pettus, Conway, Elliott & Small, Birmingham, for appellee, Bank of Southeast.

D. Paul Jones, Jr., H. Hampton Boles, Birmingham, for Central Bank of Birmingham, amicus curiae.

George F. Maynard, Birmingham, for First Nat. Bank of Birmingham, amicus curiae.

Richard A. Lawrence of Fuller & Lawrence, Montgomery, for Gary Wayne Fuller, amicus curiae.

HOLMES, Judge.

Defendant appeals from the dismissal of his counterclaim.

The dispositive issue is whether § 5-19-3, Code of Ala.1975 (Mini-Code), interest rates apply to what defendant terms "nonconsumer" loans. The Circuit Court of Jefferson County determined as a matter of law that Mini-Code interest rates do apply to "nonconsumer" loans and dismissed the defendant's counterclaim. We affirm.

Plaintiff...

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