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AMERICAN TIMBER & TRADING v. FIRST NAT. BANK OF OR.

Nos. 80-3230, 81-3214 and 81-3236.

690 F.2d 781 (1982)

AMERICAN TIMBER & TRADING CO., an Oregon corporation, on its own behalf and on behalf of all corporations and individuals who have been and are presently being charged interest rates in excess of the rates permitted by law, Plaintiffs/Appellants/Cross Appellees, Lawrence Bernard, individually and Dr. Lawrence Bernard, Professional Corporation, Intervening Plaintiffs/Appellants, v. FIRST NATIONAL BANK OF OREGON, a national banking association, Defendant/Appellee/Cross Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1982.

Attorney(s) appearing for the Case

Brad Littlefield, Goldsmith, Siegel, Engel & Littlefield, Phil Goldsmith, Portland, Or., for appellants.

James Westwood, Portland, Or., argued for defendant/appellee/cross appellant; R. Alan Wright, Miller, Nash, Yerke, Wiener & Hager, Fredric A. Yerke, Portland, Or., on brief.

Before CHOY, TANG, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

These consolidated appeals, two direct appeals and a cross appeal, arise out of a class action under §§ 85 and 86 of the National Bank Act (Bank Act), for double recovery of usurious interest. Following determinations that two practices of First National Bank of Oregon (First National) resulted in usury, judgment was awarded to subclass III and several members of subclass IV. The district court declined to add prejudgment interest...

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