HELMS v. FIRST ALABAMA BANK OF GADSDEN, N. A.

Civ. 2105.

386 So.2d 450 (1980)

Jack HELMS et al. v. FIRST ALABAMA BANK OF GADSDEN, N. A.

Court of Civil Appeals of Alabama.

Rehearing Denied April 23, 1980.


Attorney(s) appearing for the Case

Joel E. Dillard of Baxley, Stuart, Ward & Dillard, Birmingham, for appellants.

William D. Hudson of Wilson & Hudson, Birmingham, for appellee.


HOLMES, Judge.

The plaintiffs, Jack Helms, Michael Helms, and Virginia C. Helms sought to bring a class action against defendant, First National Bank of Gadsden, N.A. The Circuit Court of Etowah County granted defendant's motion for summary judgment. The plaintiffs appeal and we affirm.

The dispositive issues are (1) whether federal or state law provides the penalty when a national bank has lent money at an alleged usurious rate of interest, (2) whether usury...

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