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GRUNBECK v. DIME SAV. BANK OF NEW YORK, FSB

No. 94-1479.

74 F.3d 331 (1996)

Robert and Jennifer GRUNBECK, Plaintiffs, Appellants, v. The DIME SAVINGS BANK OF NEW YORK, FSB, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 23, 1996.

Attorney(s) appearing for the Case

Jewel N. Klein, with whom Holstein, Mack & Klein, Chicago, IL, George P. Dickson and Law Offices of George Dickson, Milford, NH, were on brief for appellants.

Douglas G. Verge, with whom Richard P. Hazelton and Sheehan, Phinney, Bass & Green, Manchester, NH, were on brief for appellee.

Before TORRUELLA, Chief Judge, LEVIN H. CAMPBELL, Senior Circuit Judge, and CYR, Circuit Judge.

CYR, Circuit Judge.

The interesting issue of first impression presented in this case is whether section 501(a)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980, 12 U.S.C. § 1735f-7a(a)(1) (1988) ("Monetary Control Act"), preempts New Hampshire Rev.Stat.Ann. § 397-A:14(I) (West Supp. 1994) ("Simple Interest Statute" or "SIS"). In a thoughtful and comprehensive opinion, the district court...

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