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ROPER v. CONSURVE, INC.

Civ. A. No. J81-0508(W).

777 F.Supp. 508 (1990)

Richard ROPER, Administrator, Plaintiff, v. CONSURVE, INC., d/b/a BankAmericard Center and Deposit Guaranty National Bank, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

June 15, 1990.

Attorney(s) appearing for the Case

Toxey Hall Smith, Biloxi, Miss., W. Robert Wilson, Jr., Jackson, Miss., Robert P. Denniston, Frederick G. Helmsing, Mobile, Ala., for plaintiff.

Vardaman S. Dunn, William F. Goodman, Jr., Jackson, Miss., for defendants.

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

This is a class action suit brought pursuant to 28 U.S.C. § 1331. The named plaintiffs, two "BankAmericard" bank cardholders, sued the defendant national bank which issued the bank credit cards contending that certain charges made by defendant bank were usurious under the National Bank Act, 12 U.S.C. §§ 85 and 86. This case was appealed to the Fifth Circuit Court of Appeals, Roper v...

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