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MOROSANI v. FIRST NAT. BANK OF ATLANTA

Civ. No. C81-1553.

581 F.Supp. 945 (1984)

George MOROSANI, Individually and on behalf of all other persons similarly situated v. The FIRST NATIONAL BANK OF ATLANTA.

United States District Court, N.D. Georgia, Atlanta Division.

February 23, 1984.

Attorney(s) appearing for the Case

Robert B. Remar, Jonathan A. Zimring, Remar, Arnold & Zimring, Jerome J. Froelich, Jr., Kenneth P. McDuffie, Atlanta, Ga., for plaintiff Kleiner.

Jerome J. Froelich, Jr., Kenneth P. McDuffie, Atlanta, Ga., Michael P. Malakoff, Pittsburgh, Pa., for plaintiff Morosani.

Trammel E. Vickery, Kent Mast, William B.B. Smith, James A. Gilbert, Hansell, Post, Brandon & Dorsey, C.B. Rogers, Rogers & Hardin, Atlanta, Ga., for First National Bank of Atlanta.

ORDER

ORINDA D. EVANS, District Judge.

This action is before the Court on Defendant's Motion to Dismiss First and Second Counts of the Complaint.

I. Background

Plaintiff Morosani is a former borrower of Defendant The First National Bank of Atlanta. His note called for interest payments tied to the Bank's "prime rate," calculated on a "360-day year simple interest basis." Morosani claims the Bank fraudulently overcharged interest...

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